A.R.S. § 44-1376.02 — Arizona Code / Title 44 / Chapter 9 / Article 20 / Section 1376.02
44-1376.02 Application
Status: in_force

44-1376.02. Application

A. This article does not prevent any action by a law enforcement agency or any officer, employee or agent of a law enforcement agency to obtain public utility records, telephone records or communication service records in connection with the performance of the official duties of the agency.

B. This article does not prohibit a public utility, a telephone company or an entity that maintains communication service records from obtaining, using, disclosing or permitting access to any public utility record, telephone record or communication service record, either directly or indirectly through its agents:

1. As otherwise authorized by law.

2. With the lawful consent of the customer or subscriber.

3. As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive or unlawful use of or subscription to those services.

4. To a governmental entity, if the public utility, telephone company or entity that maintains communication service records reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.

5. To the national center for missing and exploited children in connection with a report submitted under the victims of child abuse act of 1990 (42 United States Code section 13032).

C. This article does not prohibit a public utility, a telephone company or an entity that maintains communication service records from disclosing or permitting access to any public utility record, telephone record or other communication service record either directly or indirectly through its agents to the Arizona corporation commission for use in the performance of its duties.

D. This article does not apply to or expand on the obligations and duties of any public utility, telephone company or entity that maintains communication service records or its agents, employees or contractors to protect public utility records, telephone records or communication service records beyond those otherwise established by federal and state law, including the provisions governing customer proprietary network information in section 222 of the communications act of 1934 (47 United States Code section 222), as amended, and regulations promulgated under that section.

E. This article does not apply to a public utility, a telephone company or an entity that maintains communication service records or its agents or representatives who reasonably and in good faith act pursuant to this article, notwithstanding any later determination that the action was not authorized.
A.R.S. § 44-1276.03 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1276.03
44-1276.03 Business opportunity contract cancellation
Status: in_force

44-1276.03. Business opportunity contract cancellation

A consumer may cancel a business opportunity contract or agreement with a seller for any reason at any time within ten business days after the date that the consumer signs the contract or agreement or the date that the seller notifies the consumer in writing that the contract or agreement is accepted by the seller, whichever is later.
A.R.S. § 44-145 — Arizona Code / Title 44 / Chapter 1 / Article 4 / Section 145
44-145 Negotiable instruments or other writings evidencing consumer obligations; limitation on liability
Status: in_force

44-145. Negotiable instruments or other writings evidencing consumer obligations; limitation on liability

A. The rights of a holder or assignee of an instrument, account, contract right, chattel paper or other writing, other than a check or draft, which evidences the obligation of a natural person as buyer, lessee, or borrower in connection with the purchase or lease of consumer goods or services, are subject to all defenses and setoffs of the debtor arising from or out of such sale or lease if notice of such defense or setoff is given within ninety days after receipt of the goods or services by the debtor, notwithstanding any agreement to the contrary. For a period of ninety days after receipt of the goods or services by the debtor, a holder or assignee is not a holder in due course if he takes an instrument, other than a check or draft, which is subject to the provisions of this section.  The rights of the debtor under this section may be asserted only as to amounts then owing and as a matter of defense to or setoff against a claim by the holder or assignee and may be asserted only if the buyer or lessee gives notice of the claim or defense in writing by certified mail to the seller or lessor at the last known business address of the seller or lessor within ninety days after receipt of the goods or services.

B. This section is not applicable to:

1. Credit card sales of perishable consumer goods or consumer services on a credit card issued by an issuer other than the seller.

2. Any credit card transaction made outside the state of Arizona.

3. An instrument or other writing which evidences a loan or indebtedness to a lender or person, other than a seller or lessor, which was not arranged by a seller or lessor, the proceeds of which are used by the buyer or lessee to satisfy an obligation to a seller or lessor.

C. The definitions in title 47, chapters 1, 3 and 9 are applicable to this section. For the purposes of this section:

1. "Consumer services" means services for use primarily for personal, family or household purposes.

2. "Arranged" means to provide or offer to provide a loan which is or will be extended by another person under a business or other relationship pursuant to which the person arranging such loan receives or will receive a fee, compensation, or other consideration for such service or has knowledge of the terms of the loan and participates in the preparation of the instruments required in connection with the extension of the loan.
A.R.S. § 44-1764 — Arizona Code / Title 44 / Chapter 11 / Article 11 / Section 1764
44-1764 Distributed energy generation systems; interconnection
Status: in_force

44-1764. Distributed energy generation systems; interconnection

Any person who seeks to install, energize or interconnect a distributed energy generation system must first submit a complete application for interconnection to the power grid to the utility that owns or operates the power grid at the point of interconnection. A person shall not install, energize or interconnect the distributed energy generation system until the utility approves the application.  If the utility does not approve or deny the application within sixty days after the filing date of the application, the distributed energy generation system may be installed.  The application must disclose the current owner of the distributed energy generation system and the owner of the distributed energy generation system at the time the system will be energized. The utility that owns or operates the power grid to which the distributed energy generation system is interconnected must receive notice of any changes in ownership of the distributed energy generation system.  A utility with less than seventy-five thousand customers, in its sole discretion, may waive any of the requirements of this section.
A.R.S. § 44-1648 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1648
44-1648 Preemption; power of local authorities; city, town or county licensing system
Status: in_force

44-1648. Preemption; power of local authorities; city, town or county licensing system

A. The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern.  The power to register scrap metal dealers is preempted by this state.

B. Sections 9-500.38 and 11-269.16 do not affect a city's, town's or county's power to enforce laws relating to business licensing of scrap metal dealers. This article does not affect a city's, town's or county's power to enforce laws relating to business licensing. Sections 9-500.38 and 11-269.16 and this article do not apply to a city's, town's or county's system for licensing a scrap metal dealer if the licensing system includes background checks or identification and fingerprinting of the owners of the scrap metal dealer.

C. A scrap metal dealer's license that is current and in good standing with a city's, town's or county's licensing system before September 13, 2013 is in compliance with that licensing system and the city, town or county may not require the scrap metal dealer to reapply for licensure in order to be in compliance with the city's, town's or county's licensing system unless there is an event or circumstance that requires an amendment or filing pursuant to the city's, town's or county's licensing system's requirements.
A.R.S. § 44-1201 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1201
44-1201 Rate of interest for loan or indebtedness; interest on judgments; definitions
Status: in_force

44-1201. Rate of interest for loan or indebtedness; interest on judgments; definitions

A. Interest on any loan, indebtedness or other obligation shall be as follows:

1. The maximum interest rate on medical debt shall be the lesser of the following:

(a) The annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board of governors of the federal reserve system, for the calendar week preceding the date when the consumer was first provided with a bill, or

(b) Three percent a year.

The maximum interest rate provided pursuant to this paragraph also applies to any judgments on medical debt.

2. For any loan, indebtedness or obligation other than medical debt, interest shall be at the rate of ten percent a year, unless a different rate is contracted for in writing, in which event any rate of interest may be agreed to. Interest on any judgment, other than a judgment on medical debt, that is based on a written agreement evidencing a loan, indebtedness or obligation that bears a rate of interest not in excess of the maximum permitted by law shall be at the rate of interest provided in the agreement and shall be specified in the judgment.

B. Unless specifically provided for in statute or a different rate is contracted for in writing, interest on any judgment other than a judgment on medical debt shall be at the lesser of ten percent a year or at a rate per year that is equal to one percent plus the prime rate as published by the board of governors of the federal reserve system in statistical release H.15 or any publication that may supersede it. A change in the rate that is prescribed in this subsection takes effect on the first business day following publication by the federal reserve. The judgment shall state the applicable interest rate and it shall not change after it is entered.

C. Interest on a judgment on a condemnation proceeding, including interest that is payable pursuant to section 12-1123, subsection B, shall be payable as follows:

1. If instituted by a city or town, at the rate prescribed by section 9-409.

2. If instituted by a county, at the rate prescribed by section 11-269.04.

3. If instituted by the department of transportation, at the rate prescribed by section 28-7101.

4. If instituted by a county flood control district, a power district or an agricultural improvement district, at the rate prescribed by section 48-3628.

D. A court shall not award either of the following:

1. Prejudgment interest for any unliquidated damages, future damages, punitive damages or exemplary damages that are found by the trier of fact.

2. Interest for any future damages, punitive damages or exemplary damages that are found by the trier of fact.

E. For the purposes of subsection D of this section, "future damages" means damages that will be incurred after the date of the judgment and includes the costs of any injunctive or equitable relief that will be provided after the date of the judgment.

F. If awarded, prejudgment interest shall be at the rate described in subsection A or B of this section.

G. For the purposes of this section:

1. "Health care services" means services provided at or by any of the following:

(a) Health care institutions as defined in section 36-401.

(b) Private offices or clinics of health care providers licensed under title 32, chapters 7, 11, 13, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 33, 34, or 35.

(c) Ambulances or ambulance services as defined in section 36-2201.

2. "Medical debt" means a loan, indebtedness or other obligation arising directly from the receipt of health care services or of medical products or devices.
A.R.S. § 44-1236 — Arizona Code / Title 44 / Chapter 9 / Article 2.2 / Section 1236
44-1236 Certificate of name required; exceptions
Status: in_force

44-1236. Certificate of name required; exceptions

A. Any person other than a partnership transacting business in this state under a fictitious name or a designation not showing the name of the owner of the business or the name of the corporation doing such business shall record with the county recorder of the county in which the place of business is located a certificate stating in full either:

1. The name of the owner of the business and his or her place of residence, signed by the owner and acknowledged.

2. If a corporation, the name and address of the corporation, signed by the statutory agent and acknowledged.

B. A new certificate shall be recorded upon any change in ownership of the business using a fictitious name unless such business is a corporation.

C. A new certificate shall be recorded if a corporation transfers the right to use such fictitious name to another corporation.

D. A person or corporation doing business contrary to this section shall not maintain an action upon or on account of a contract or transaction made in the fictitious name in any court of this state until such person has first recorded the certificate required by this section.

E. This section does not apply to a person or corporation that has either:

1. Filed a trade name certificate with the secretary of state.

2. Obtained authorization from the corporation commission to conduct business as a foreign corporation using a particular name.
A.R.S. § 44-1745 — Arizona Code / Title 44 / Chapter 11 / Article 10 / Section 1745
44-1745 Execution of notes; assignment; customer's defenses retained
Status: in_force

44-1745. Execution of notes; assignment; customer's defenses retained

A. No contract for dance studio lessons and other services shall require the execution of any note or series of notes by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the dance studio.

B. No right of action or defense arising out of a contract for dance studio lessons and other services which the customer has against the dance studio shall be cut off by assignment of the contract whether or not the assignee acquires the contract in good faith and for value. Such an assignee is not a holder in due course.
A.R.S. § 44-1460.01 — Arizona Code / Title 44 / Chapter 10 / Article 3.1 / Section 1460.01
44-1460.01 Issuance of certificate; restrictions
Status: reserved

44-1460.01. Issuance of certificate; restrictions

A. Upon compliance by the applicant with the requirements of this article the secretary of state shall issue a certificate of registration. The certificate shall show the name and business address of the applicant, the name, title or designation registered, the date of first use claimed, the date of registration and the term of registration.

B. The secretary of state shall not file an application for the registration of any trade name, title or designation if it is not distinguishable on the record from any other name previously filed and on record with the secretary of state.

C. The secretary of state shall not file an application for the registration of any trade name, title or designation if it is not distinguishable on the record from an existing corporate name or a corporate name reserved pursuant to title 10, chapters 4, 19 and 24 through 40.
A.R.S. § 44-1901 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1901
44-1901 Registration of certain securities by qualification; definitions
Status: in_force

44-1901. Registration of certain securities by qualification; definitions

A. Subject to the limitations provided in subsections G and I of this section, securities shall be registered by qualification at the time prescribed in subsection K of this section if the requirements of subsections B, E and F of this section are met.

B. To be registered by qualification under this section, securities must satisfy either of the following:

1. An offering of shares, warrants, options or other rights to purchase shares must meet all of the following conditions:

(a) The offering must be made through a firm commitment underwriting by one or more securities broker-dealers who are all of the following:

(i) Members of a national securities association registered under the securities exchange act of 1934.

(ii) Registered as dealers in this state.

(iii) Not affiliates of the issuer.

(b) If the offering is of shares, or units, whose direct or indirect constituents are shares or warrants, options or other rights to purchase shares, both of the following must be true:

(i) The initial offering price for each share, after attributing all consideration paid in the initial offering to the shares, is not less than five dollars.

(ii) The exercise or conversion price for each share, for all warrants, options or other rights to purchase shares, is not less than five dollars.

(c) No securities may be sold in units for the purpose of avoiding the requirements of subdivision (b) of this paragraph.

(d) The total amount of securities offered and sold, in or out of this state, is not less than three million dollars.

(e) The issuer shall provide to the commission undertakings that for four years after the registration:

(i) The issuer will not engage in any transaction with a promoter or an affiliate of a promoter unless the transaction is approved by a majority of the outside directors after full disclosure or is on terms no less favorable to the issuer than would be available from an unaffiliated third party.

(ii) The issuer will not issue to any promoter or an affiliate of any promoter any shares, options, warrants or other rights to purchase shares at a price per share less than the market price as of the close of business on the day before the proposed issuance of the shares, options, warrants or other rights to purchase shares.  Nothing in this item alters corporate or other law with respect to fiduciary duties, conflicts of interest or the duty of officers and directors to a corporation and its shareholders.

(f) The issuer's most recent audit report on its financial statements filed with its registration statement or the footnotes accompanying the financial statements do not express reservations about the issuer's ability to continue in business as a going concern and the most recent financial statements filed with its registration statement do not show that the issuer has both negative shareholders' equity and negative working capital.

2. Except as provided in subsection D of this section, an offering of limited partnership interests may be made under this paragraph if:

(a) All securities sold to purchasers in this state are sold only to purchasers who represent in writing that the investment represents not more than ten per cent of the purchaser's net worth less the value of the purchaser's other investments in limited partnership interests and the purchaser has any of the following:

(i) An annual gross income of at least seventy-five thousand dollars and a net worth of at least seventy-five thousand dollars, exclusive of home, car and home furnishings.

(ii) A net worth of at least two hundred twenty-five thousand dollars exclusive of home, car and home furnishings.

(iii) In the case of sales to qualified pension or profit sharing plans or trusts, keogh plans or individual retirement accounts, that the net worth and income requirements set forth in item (i) or (ii) of this paragraph are met by the fiduciary account or by the donor who directly or indirectly supplies the monies for the purchase of the securities.

(b) The issuer has a reasonable basis to believe that each purchaser in this state, along or with one or more representatives, advisors or agents has the knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of the offering.

(c) The issuer, the general partners of the issuer and the general partners or other persons liable directly or indirectly for the obligations of the general partners, in the aggregate, have a net worth of not less than one million dollars, as demonstrated by audited financial statements in the case of the issuer or any other entity and by reviewed financial statements in the case of an individual.

C. Nothing in subsection B, paragraph 2 of this section changes the duties enumerated in any rule adopted by a national securities association or national securities exchange registered under the securities exchange act of 1934.

D. The commission may prescribe greater income and net worth requirements than those set forth in subsection B, paragraph 2 of this section if it appears to the commission that the different limitations are in the public interest or in the interest of investors. The income and net worth requirements of subsection B, paragraph 2, of this section are presumptively appropriate and may be raised only if the commission finds that unusual circumstances, such as the speculative nature of the securities, require an increase.  If the commission intends to require an increase, the commission shall notify the issuer of that fact and of the maximum increase the commission may require within fifteen business days after the filing of the issuer's initial application under this section or within six business days after the filing of an amendment pursuant to subsection K, paragraph 2 of this section.

E. The issuer or underwriter of the securities shall make an application for registration pursuant to this section by filing with the commission the following:

1. An application for registration of the securities by qualification, in the form prescribed by the commission pursuant to section 44-1892, demonstrating eligibility for registration under this section.

2. The documents required for registration of securities by qualification pursuant to section 44-1892.

3. One copy of the prospectus on file with the SEC in its most recent form as of the date of the filing under this section.

4. One copy of all amendments or any supplements to the prospectus.

5. A final prospectus.

F. The front cover or a sticker attached to the front cover, or the inside front cover, of any prospectus delivered to a purchaser in this state shall contain a conspicuous notice as follows or a notice that is substantially equivalent in plain and concise language:

These securities are registered under the securities act of Arizona, but the fact of the registration is not to be deemed a finding by the Arizona corporation commission or the director of the securities division that this prospectus is true or accurate, nor does the registration mean that the commission or the director has passed on the merits of or otherwise approved the securities described in this prospectus.

G. Except as provided in subsection H of this section, a registration pursuant to this section is not available for the securities of an issuer if the issuer or any of its predecessors, affiliates, directors, officers, general partners or beneficial owners of ten per cent or more of any class of its equity securities, or the managing underwriter of the securities:

1. Has been convicted of a felony involving racketeering or a transaction in securities or of which fraud is an essential element or offenses listed in section 13-2301, subsection D, paragraph 4.

2. Has been convicted within the ten years before the filing of the application under this section, or at any time thereafter, of a misdemeanor involving racketeering or a transaction in securities or of which fraud or dishonesty is an essential element.

3. Is subject to an order, judgment or decree of a court of competent jurisdiction entered within ten years of the date of filing of the application under this section enjoining or restraining him from engaging in or continuing any conduct or practice in connection with the sale or purchase of securities or involving fraud, deceit, racketeering or consumer protection laws.

4. Has been subject to any state or federal administrative order or judgment in connection with the purchase or sale of securities entered within five years before the filing of the application under this section or at any time thereafter.

5. Is subject to the reporting requirements of the securities exchange act of 1934 and has not filed all required reports during the twelve calendar months before the filing of the application under this section.

6. Is subject to an order of an administrative tribunal, an SRO or the SEC denying, suspending or revoking membership or registration as a broker or dealer in securities or an investment adviser or investment adviser representative for at least six months.

H. The commission may by order allow registration pursuant to this section if, in the opinion of the commission, the only reason for disqualification is that the applicant is disqualified pursuant to subsection G of this section and the commission finds that the circumstances do not justify disqualification.  A disqualification under subsection G of this section ceases to exist if the basis for the disqualification has been removed by the jurisdiction creating it.

I. An offering of securities pursuant to this section is subject to section 44-1876 only if the offering is made pursuant to subsection B, paragraph 1 and either:

1. The issuer has negative shareholders' equity or negative working capital as shown on its most recent financial statements filed with its registration statement.

2. The issuer has no public market for its shares and has no significant earnings.

J. An offering of securities pursuant to this section is not subject to sections 44-1877 and 44-1878.

K. Unless the commission or the director of the division declares registration under this section effective at an earlier time, a registration of securities under this section becomes effective on the latter of the following:

1. Twenty business days after filing the documents required by subsection E, paragraphs 1, 2 and 3 of this section, except that if an application is filed with the commission more than ten days after the initial registration statement is filed with the SEC, this period shall be extended by the number of days between ten days after the filing of the initial registration statement with the SEC and the filing of an application with the commission.

2. In the case of an offering of limited partnership interests, ten business days after filing any amendment under subsection E, paragraph 4 of this section, containing such material changes to the registration statement that recirculation of the prospectus would be required if a preliminary prospectus was circulated.

3. Concurrently with effectiveness of the registration statement under the securities act of 1933.

4. A later date as the issuer requests.

L. No registration of securities pursuant to this section may be denied, revoked or suspended pursuant to article 8 of this chapter.  The commission may enter an order, after a hearing or notice of and opportunity for a hearing, denying, suspending or revoking a registration under this section if it finds that either:

1. The conditions established in this section are not met, the application for registration, prospectus or any financial statement or any document or exhibit filed with the application or any amendment or supplement to the application is incomplete, inaccurate or misleading or the issuer has failed or refused to furnish information required to establish that the conditions of this section are met.

2. Grounds exist for denial of registration under section 44-1921, paragraph 2 or 44-1991.

The commission shall promptly send notice to the issuer of any order entered under this subsection.

M. For the purposes of this section:

1. "Firm commitment underwriting" means that the dealers contract in a principal capacity to purchase at least the minimum amount of securities if any are purchased.

2. "Promoter" means any person who is an officer, director or owner, directly or indirectly, of ten per cent or more of the issuer's outstanding shares before, or on the day of, the registration of the offering, but does not include an affiliated institutional investor which owns less than twenty per cent of the shares to be outstanding upon completion of the proposed offering.

3. "Significant earnings" include earnings per share over the issuer's past two years of operations, or the shorter period of its operations, equal to not less than five per cent per annum of the per share total of stated and additional paid in capital of the issuer during the period.  A calculation of significant earnings shall be submitted to the commission and may be computed by the issuer's chief financial officer based on the issuer's financial statements.

4. "Unaffiliated institutional investor" means any unaffiliated bank, investment company registered under the investment company act of 1940, business development company as defined in section 2(a)(48) of the investment company act of 1940, small business investment company licensed by the United States small business administration under section 301 of the small business investment act of 1958, employee benefit plan within the meaning of title I of the employee retirement income security act of 1974, insurance company, private business development company as defined in section 202(a)(22) of the investment adviser act of 1940 or comparable business entity engaged as a substantial part of its business in the purchase and sale of securities.
A.R.S. § 44-1416 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1416
44-1416 Government contract, combination or conspiracy to restrain trade or commerce; violation; classification
Status: in_force

44-1416. Government contract, combination or conspiracy to restrain trade or commerce; violation; classification

A. A contract, combination or conspiracy in violation of section 44-1402 is per se unlawful if it involves:

1. A contract between a governmental agency and a person for the purchase of equipment, services, labor, goods, materials and commodities of any kind.

2. A subcontract with a contractor or proposed contractor for a governmental agency for the purchase of equipment, services, labor, goods, materials and commodities of any kind.

B. This section does not prevent or limit a court in finding other conduct that violates section 44-1402 to be per se unlawful.

C. A person who enters into a contract, combination, conspiracy or other act in violation of this section is guilty of a class 4 felony in addition to all other remedies provided by this chapter.
A.R.S. § 44-1747 — Arizona Code / Title 44 / Chapter 11 / Article 10 / Section 1747
44-1747 Voidable contracts; waiver voidable; damages for violation of article
Status: in_force

44-1747. Voidable contracts; waiver voidable; damages for violation of article

A. Any contract for dance studio lessons and other services entered into in reliance upon any wilful and false, fraudulent or misleading information, representation, notice or advertisement of the dance studio shall be voidable. Any contract for dance studio lessons and other services which does not comply with the applicable provisions of this article shall be voidable.

B. Any waiver of the customer of the provisions of this article shall be voidable.

C. Any customer injured by a violation of this article may bring an action for the recovery of damages. Judgment may be entered for the amount at which the actual damages are assessed plus reasonable attorney fees.
A.R.S. § 44-289 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 289
44-289 Delinquent contract; recovery; transfer fees; blank spaces in contract
Status: in_force

44-289. Delinquent contract; recovery; transfer fees; blank spaces in contract

A. If the contract or refinancing agreement so provides, the holder may, as to any delinquent contract, recover one or more of the following:

1. A reasonable amount for the holder's cost of collection.

2. Attorney's fees in a reasonable amount where such contract is referred for collection to an attorney not a salaried employee of the holder.

3. Court costs.

B. In the event of default under a contract, a licensee shall comply with all provisions of title 47, chapter 9, article 6, and be subject to the penalties prescribed therein.  All sales of repossessed vehicles shall be conducted in a commercially reasonable manner.

C. As to each transfer of equity by a buyer or subsequent transferee, the holder of the contract shall be entitled to a transfer of equity fee not in excess of fifteen dollars. If the contract so provides, at the option of the holder, no such transfer of equity shall be valid against the holder without the written consent of the holder. No certificate of title shall be issued by the state of Arizona in the name of such transferee unless written consent of the holder accompanies the application for transfer of title.

D. No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after it has been signed except that, if delivery of the motor vehicle is not made at the time of the execution of the contract, the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be inserted in the contract after its execution. The buyer's written acknowledgment, conforming to the requirements of subsection B of section 44-286, of delivery of a copy of a contract shall be conclusive proof of such delivery, that the contract when signed, did not contain any blank spaces except as herein provided, and of compliance with this article in any action or proceeding by or against the holder of the contract.
A.R.S. § 44-1271 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1271
44-1271 Definitions
Status: in_force

44-1271. Definitions

In this article, unless the context otherwise requires:

1. "Business opportunity":

(a) Means the sale or lease, or offer for sale or lease, of any goods or services to a consumer for an initial payment of five hundred dollars or greater for the purpose of enabling the consumer to start or operate a business, which sale or lease is not limited to sales initiated or made by the telephone.

(b) Includes a solicitation of consumers in which the seller represents one or more of the following:

(i) That the consumer may or will earn an amount in excess of the initial payment as a result of the purchase.

(ii) That a market exists for any goods to be made or sold or services to be rendered by the consumer.

(iii) That the seller will provide locations or assist the consumer in finding locations for the use or operation of vending machines, racks, display cases or other similar devices or currency-operated amusement machines or devices or any other devices.

(iv) That the seller may purchase from the consumer goods to be made or services to be rendered by the consumer.

(v) That the seller guarantees, either conditionally or unconditionally, that the consumer will derive income from the business opportunity or that the seller will refund all or part of the price paid for the business opportunity or repurchase any of the goods supplied by the seller if the consumer is unsatisfied with the business opportunity.

(vi) That the seller or an entity associated with the seller will provide a sales program or marketing program to the consumer unless the marketing program is offered in conjunction with the licensing of a registered trademark or service mark, if the trademark or service mark has been effectively registered under federal law.

(c) Does not include:

(i) The sale of all or substantially all of the assets of an ongoing business where the owner of that business sells and intends to sell only that one business opportunity.

(ii) The not-for-profit sale of sales demonstration equipment, materials or samples for a total price of five hundred dollars or less.

(iii) The sale of a franchise as defined by the federal trade commission regulations as set forth in 16 Code of Federal Regulations section 436.1.

2. "Consumer" means a person who is solicited by a seller or solicitor.

3. "Goods" means any merchandise, equipment, products, supplies or materials.

4. "Initial payment" means the total amount the purchaser becomes obligated to pay to the seller and to any third party for goods, services or merchandise related to a previously purchased business opportunity, either prior to or at the time of the delivery of any goods, services or merchandise within six months after the commencement of the operation of the business opportunity by the purchaser.

5. "Licensed associated person of a securities, commodities or investments broker" means any associated person registered or licensed by the national association of securities dealers, a self-regulatory organization as defined in the securities exchange act of 1934 (15 United States Code section 78c) or an official or agency of this state or of any other state of the United States.

6. "Licensed securities commodities or investments broker, dealer or investment advisor" means a person licensed or registered as a securities commodities or investments broker, dealer or investment advisor by the securities and exchange commission, the national association of securities dealers, a self-regulatory organization as defined in the securities exchange act of 1934 (15 United States Code section 78c) or an official or agency of this state or of any other state of the United States.

7. "Manager" means a person who supervises the work of a solicitor.

8. "Merchandise" means objects, wares, goods, commodities, intangibles, real estate, securities or services.

9. "Person" means:

(a) A natural person or the person's legal representative.

(b) A partnership, a limited liability company, a limited liability partnership or a domestic or foreign corporation.

(c) A company, trust, business entity or association.

(d) An agent, employee, salesman, partner, officer, director, member, stockholder, associate or trustee.

(e) Any other legal entity or any group associated in fact although not a legal entity.

10. "Premium" means any gift, bonus, prize, award or other incentive or inducement to purchase merchandise.

11. "Principal" means an owner or an officer of a corporation or limited liability company, a general partner of a partnership, a sole proprietor of a sole proprietorship, a partner of a limited liability partnership, a trustee of a trust and any other individual who controls, manages or supervises a telephone sales operation.

12. "Prize" means anything offered or purportedly offered and given or purportedly given to a person by chance. Chance exists if a person is guaranteed to receive an item and at the time of the offer or purported offer the seller or solicitor does not identify the specific item that the person will receive.

13. "Prize promotion" means a sweepstakes or other game of chance or an oral or written express or implied representation that a person has won, has been selected to receive or may be eligible to receive a prize or purported prize.

14. "Recovery service" means any business or other practice in which a person represents or implies that the person will recover or assist in recovering for a fee any amount of money that a consumer has provided to a seller pursuant to a telephone solicitation.

15. "Seller" means a person who, directly or through a solicitor, does any of the following:

(a) Initiates telephone calls to provide or arrange to provide merchandise to consumers in exchange for payment.

(b) Solicits by telephone in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies that:

(i) The consumer has been specially selected in any manner to receive the notification or communication or the offer contained in the notification or communication.

(ii) The consumer will receive a premium if the consumer calls the person.

(iii) If the consumer purchases merchandise from the person, the consumer will also receive additional or other merchandise, the same as or different from the type of merchandise purchased, without any additional charge or for a price that the person represents or implies is less than the regular price of the merchandise.

(iv) The person is offering for sale the services of a recovery service.

(v) The person is offering to make a loan, to arrange or assist in arranging a loan or to assist in providing information that may lead to obtaining a loan unless no payment of any kind is made until the loan proceeds are disbursed to the borrower.

(vi) The consumer will receive a credit card if the consumer pays a fee for the card before receiving the card.

(vii) The person is offering for sale identity protection assistance.

(c) Solicits by telephone in response to inquiries generated by advertisements on behalf of the person that represent or imply that:

(i) The person is offering to sell the services of a recovery service.

(ii) The person is offering to make a loan, to arrange or assist in arranging a loan or to assist in providing information that may lead to obtaining a loan unless no payment of any kind is made until the loan proceeds are disbursed to the borrower.

(iii) The consumer will receive a credit card if the consumer pays a fee for the card before receiving the card.

(d) Solicits consumers to purchase a business opportunity or merchandise related to a business opportunity through any means including the telephone, internet or mail or other hard copy text or through any electronic, wireless or other communication media.

16. "Solicitor" means a person, other than a seller or employee of a seller, who uses a telephone to seek sales or rentals of merchandise on behalf of a seller or uses a telephone to verify sales or rentals for a seller.

17.  "Subscriber" means a person who subscribes to residential telephone service from a local exchange company and any person who lives or subscribes with that person.

18. "Telephone solicitation" means any voice communication from a live operator, announcing device or otherwise that offers merchandise for sale or rent and that is to or from a person located in this state.
A.R.S. § 44-1616 — Arizona Code / Title 44 / Chapter 11 / Article 2 / Section 1616
44-1616 Lawful collection of monies
Status: in_force

44-1616. Lawful collection of monies

Notwithstanding any provision of this article, a household goods mover is entitled to pursue any lawful means to collect an amount properly due from a consumer after the household goods mover has finished delivering and unloading the household goods at the moving destination.
A.R.S. § 44-1799.34 — Arizona Code / Title 44 / Chapter 11 / Article 19 / Section 1799.34
44-1799.34 Shopping cart retrieval; records; sign
Status: in_force

44-1799.34. Shopping cart retrieval; records; sign

A. A person who engages in the business of shopping cart retrieval shall retain records showing written authorization from the cart's owner, or an agent of the owner, to retrieve the cart and to be in possession of the carts retrieved.

B. A copy of the record showing written authorization shall be maintained in each vehicle used for shopping cart retrieval.

C. Each vehicle used for the retrieval of shopping carts shall display a sign that clearly identifies the retrieval service.
A.R.S. § 44-1996 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1996
44-1996 Prohibition of referral fees
Status: in_force

44-1996. Prohibition of referral fees

A dealer, salesman, agent or person associated with a dealer, salesman or agent shall not directly or indirectly solicit or accept remuneration for assisting an attorney in obtaining the representation of any person in any private action arising under this chapter, the securities act of 1933 (15 United States Code sections 77a through 77bbbb) or the securities exchange act of 1934 (15 United States Code sections 78a through 78ll).
A.R.S. § 44-1530 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1530
44-1530 Assurance of discontinuance of unlawful practice
Status: in_force

44-1530. Assurance of discontinuance of unlawful practice

In the enforcement of the provisions of this article, the attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of the provisions of this article from any person engaging in, or who has engaged in, such act or practice. Such assurance may include a stipulation for the payment by such person of reasonable expenses incurred by the attorney general or as restitution to aggrieved persons, or both. Any such assurance shall be in writing and shall be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has its principal place of business or in Maricopa county. A violation of such assurance within six years of the filing thereof shall constitute prima facie proof of a violation of the provisions of this article. Such assurance of discontinuance shall not be considered an admission of a violation for any purpose.
A.R.S. § 44-1801 — Arizona Code / Title 44 / Chapter 12 / Article 1 / Section 1801
44-1801 Definitions
Status: in_force

44-1801. Definitions

In this chapter and chapter 13 of this title, unless the context otherwise requires:

1. "Blind pool offering" means an offering in which either:

(a) The offering materials do not describe specific operational plans.

(b) Eighty percent or more of the net offering proceeds are not specifically allocated for the purchase, construction or development of identified property or products, for the payment of indebtedness or overhead expenses, or for other activities set forth in the issuer's business plan.

2. "Commission" means the Arizona corporation commission.

3. "Commodity" means any agricultural, grain or livestock product or by-product, any metal or mineral including a precious metal, any gem or gemstone whether characterized as precious, semiprecious or otherwise, any fuel whether liquid, gaseous or otherwise, any foreign currency and all other goods, articles, products or items of any kind. Commodity does not include a numismatic coin with a fair market value at least fifteen percent higher than the value of the metal it contains, real property or any timber, agricultural or livestock product grown or raised on real property and offered or sold by the owner or lessee of such real property, or any work of art offered or sold by art dealers, at public auction or offered or sold through a private sale by the owner.

4. "Commodity exchange act" means the act of Congress known as the commodity exchange act (7 United States Code, chapter 1).

5. "Commodity futures trading commission" means the independent regulatory agency established by Congress to administer the commodity exchange act.

6. "Commodity investment contract" means any account, agreement or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract or otherwise.  Any commodity investment contract offered or sold, in the absence of evidence to the contrary, is presumed to be offered or sold for speculation or investment purposes. A commodity investment contract does not include any contract or agreement that requires, and under which the purchaser receives, within twenty-eight calendar days after the payment in good funds of any portion of the purchase price, physical delivery of the total amount of each commodity to be purchased under the contract or agreement.

7. "Commodity option" means any account, agreement or contract giving a party to the account, agreement or contract the right but not the obligation to purchase or sell one or more commodities or one or more commodity investment contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise.

8. "CRD system" means the central registration depository system of the national association of securities dealers, incorporated.

9. "Crowdfunding" means the practice of funding a project or venture by raising many small amounts of money from a large number of people.

10. "Dealer":

(a) Means a person who directly or indirectly engages full-time or part-time in this state as agent, broker or principal in the business of offering, buying, selling or otherwise dealing or trading in securities issued by another person, and who is not a salesman for a registered dealer or is not a bank or savings institution the business of which is supervised and regulated by an agency of this state or the United States.

(b) Means an issuer, other than an investment company, who, directly or through an officer, director, employee or agent who is not registered as a dealer under this chapter, engages in selling securities issued by such issuer.

(c) Does not include a person who sells or offers to sell securities exclusively to dealers registered under this chapter, and who has no place of business within this state.

(d) Does not include a person who buys or sells securities for his own account, either individually or in a fiduciary capacity, but not as part of a regular business.

11. "Director" means the director of the securities division of the commission.

12. "Division" means the securities division of the commission.

13. "Federal covered security" means any security described as a covered security in section 18 of the securities act of 1933.

14. "Issuer" means any person who issues or proposes to issue any security, except:

(a) With respect to certificates of deposit, voting-trust certificates, collateral-trust certificates, certificates of interest or shares in an unincorporated investment trust, whether or not of the fixed, restricted management or unit type, issuer means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued.

(b) With respect to equipment-trust certificates or like securities, issuer means the person by whom the equipment or property is or is to be used.

(c) With respect to fractional interests in any oil, gas or other mineral lease, permit, claim or right, issuer means the owner thereof or of any interest therein, whether whole or fractional, fractional interests in which are created for the purpose of a public offering.

15. "Numismatic coin":

(a) Means a coin that has all of the following characteristics:

(i) The coin is of interest primarily to coin collectors rather than to speculators or investors in precious metals.

(ii) The fair market value of the coin is determined primarily by its design, subject matter, limited mintage, rarity and relative condition of preservation from wear rather than by its intrinsic precious metal or bullion content.

(iii) The fair market value of the coin is directly related to an individual inspection and grading of its relative condition according to an established system of numismatic standards promulgated independently of the offerer of the coin.

(iv) With the exception of proof, mint and commemorative coins, the coin is minted or manufactured under authority of the issuing government for the purpose of being used as legal tender.

(b) Does not include a coin that has at least one of the following characteristics:

(i) The coin is minted, manufactured or advertised for sale primarily to persons who seek to invest or speculate in precious metals rather than to coin collectors or for use in commerce as legal tender.

(ii) The coin is advertised or sold with the expectation that it will be purchased or traded for its intrinsic precious metal or bullion content.

(iii) The price of the coin is directly related to the spot market price of its intrinsic precious metal or bullion content.

(iv) The coin is generally not used as legal tender.

(v) The quantity of mintage or manufacture of the coin is based on market demand.

(vi) The coin is not sought for its design, subject matter, limited mintage, rarity or relative condition of preservation from wear, but instead is sought for the value of its intrinsic precious metal or bullion content.

16. "Offer to sell" or "offer for sale" means an attempt or offer to dispose of, or solicitation of an order or offer to buy, a security or interest in a security for value or any sale or offer for sale of a warrant or right to subscribe to another security of the same issuer or of another issuer.  Any sale or offer for sale of a security that gives the holder thereof a present or future right or privilege to convert such security into another security of the same issuer or of another issuer shall be deemed an offer to sell the security to be acquired pursuant to such right or privilege, but the existence thereof shall not be construed as affecting the registration or exemption under this chapter of the security to which it attaches.

17. "Person" means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization.

18. "Precious metal" means the following in either coin, bullion or other form:

(a) Silver.

(b) Gold.

(c) Platinum.

(d) Palladium.

(e) Copper.

19. "Real property investment contract" means a contract for the sale or purchase of a promissory note secured directly or collaterally by a mortgage, deed of trust or other lien on real property, including a contract as defined in section 33-741, or any agreement, arrangement or understanding in connection with such note, lien or contract in which a person agrees, implies to do or does any of the following, whether or not the investor is aware that any of the following actions are contemplated or taken:

(a) Guarantee the note, lien or contract against loss at any time.

(b) Promise to provide a market for the sale of the note, lien or contract, in connection with a sale or purchase.

(c) Offer to accept or accept funds for investment in notes or contracts secured directly or indirectly by a lien on real property, where the real property is unspecified at the time of investment.

(d) Pay any interest or premium for a period before actual purchase and delivery of the note or contract.

(e) Pay any money to an investor if the note or contract is in arrears.

(f) Guarantee that principal or interest will be paid in conformity with the terms of the note or contract.

(g) Accept, from time to time, partial payment toward the purchase of the note or contract.

(h) Promise to repurchase the note or contract, in connection with sale or purchase.

20. "Registered dealer" means a dealer registered under this chapter.

21. "Registered salesman" means a salesman registered under this chapter.

22. "Sale" or "sell" means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition.  A security given or delivered with, or as a bonus on account of, a purchase of securities or other thing shall be conclusively presumed to constitute a part of the subject of the purchase and to have been sold for value.

23. "Salesman" means an individual, other than a dealer, employed, appointed or authorized by a dealer to sell securities in this state. The partners or executive officers of a registered dealer shall not be deemed salesmen within the meaning of this definition.

24. "SEC" means the United States securities and exchange commission.

25. "Securities act of 1933" means the act of Congress known as the securities act of 1933.

26. "Securities exchange act of 1934" means the act of Congress known as the securities exchange act of 1934.

27. "Security":

(a) Means any note, stock, treasury stock, bond, commodity investment contract, commodity option, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, viatical or life settlement investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas or other mineral rights, real property investment contract or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.

(b) Notwithstanding subdivision (a) of this paragraph, with respect to a virtual coin shall not be construed more broadly than the term security is construed in the securities act of 1933, the securities exchange act of 1934 or any federal regulations relating to either act.

28. "SRO" means any national securities or commodities exchange, registered association or registered clearing agency.

29. "Underwriter" means a person who has acquired from an issuer with a view to, or sells for an issuer in connection with, the distribution of any securities or participates or has a direct or indirect participation in such undertaking, or participates or has a participation in the direct or indirect underwriting of such undertaking. Underwriter does not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributor's or seller's commission.

30. "Viatical or life settlement investment contract" means an agreement for consideration for the purchase, assignment, transfer, sale, devise or bequest of any portion of the death benefit under or ownership of either an insurance policy or certificate of insurance.  A viatical or life settlement investment contract does not include:

(a) Any agreement for the original issuance of an insurance policy or certificate of insurance.

(b) An assignment, transfer, sale, devise or bequest of a death benefit under or ownership of either an insurance policy or certificate of insurance by the original owner or a person who has an insurable interest in the insured pursuant to section 20-1104 to any of the following:

(i) The insured.

(ii) A person who has an insurable interest in the insured pursuant to section 20-1104.

(iii) A dealer.

(iv) A person who is engaged in the business of purchasing the death benefit under or ownership of either insurance policies or certificates of insurance.

(c) An assignment of an insurance policy or certificate of insurance to any bank, savings bank, savings and loan association, credit union or other licensed lending institution as collateral for a loan.

(d) The exercise of accelerated benefits pursuant to the life insurance policy.

31. "Virtual coin" means a digital representation of value that can be digitally traded and that functions as a medium of exchange, unit of account and store of value.

32. "Virtual coin offering":

(a) Means an offer for sale of a virtual coin that either:

(i) Meets the definition of a security prescribed in this section.

(ii) The issuer elects to treat as a security by complying with section 44-1844, subsection A, paragraph 22.

(b) Does not include an offer for sale of a virtual coin that both:

(i) Has not been marketed by the issuer as an investment.

(ii) Grants to the purchaser, within ninety days after the purchaser's receipt of the virtual coin, the right to use, contribute to the development of or license the use of a platform using blockchain technology as defined in section 44-7061, including a license to use a product or service on the platform or a discount against fees for use of the platform.
A.R.S. § 44-101 — Arizona Code / Title 44 / Chapter 1 / Article 1 / Section 101
44-101 Statute of frauds
Status: in_force

44-101. Statute of frauds

No action shall be brought in any court in the following cases unless the promise or agreement upon which the action is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by some person by him thereunto lawfully authorized:

1. To charge an executor or administrator upon any promise to answer for any debt or damages due from his testator or intestate out of his own estate.

2. To charge a person upon a promise to answer for the debt, default or miscarriage of another.

3. To charge a person upon any agreement made upon consideration of marriage, except a mutual promise to marry.

4. Upon a contract to sell or a sale of goods or choses in action of the value of five hundred dollars or more, unless the buyer accepts part of the goods or choses in action, and actually receives them or gives something in earnest to bind the contract, or in part payment, but when a sale is made at auction, an entry by the auctioneer in his sale book, made at the time of the sale, of the kind of property sold, the terms of the sale, the price, and the name of the purchaser and person on whose account the sale is made is a sufficient memorandum.

5. Upon an agreement which is not to be performed within one year from the making thereof.

6. Upon an agreement for leasing for a longer period than one year, or for the sale of real property or an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing, subscribed by the party sought to be charged.

7. Upon an agreement authorizing or employing an agent or broker to purchase or sell real property, or mines, for compensation or a commission.

8. Upon an agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath any property, or to make provision for any person by will.

9. Upon a contract, promise, undertaking or commitment to loan money or to grant or extend credit, or a contract, promise, undertaking or commitment to extend, renew or modify a loan or other extension of credit involving both an amount greater than two hundred fifty thousand dollars and not made or extended primarily for personal, family or household purposes.
A.R.S. § 44-1244 — Arizona Code / Title 44 / Chapter 9 / Article 3 / Section 1244
44-1244 Storage; container previously used for different product
Status: in_force

44-1244. Storage; container previously used for different product

It is unlawful for any person to place, store or keep, or cause or permit to be placed, stored or kept, for the purpose of sale any petroleum product in any storage tank underground or otherwise, or container or receptacle which contains or has previously contained a different product, or the product of a different manufacturer, refiner, producer, or marketer unless and until such tank, container or receptacle has first been emptied and relabeled in accordance with this chapter.
A.R.S. § 44-7151 — Arizona Code / Title 44 / Chapter 28 / Article 1 / Section 7151
44-7151 Definitions
Status: in_force

44-7151. Definitions

In this chapter, unless the context otherwise requires:

1. "Banned member" means a member whose account or profile is the subject of a fraud ban.

2. "Dating referral services" means services that are primarily intended to introduce or match adults for social or romantic activities, including activities that are commonly referred to as computer dating or video dating services. Dating referral services does not include arrangements in which one party is compensated for engaging in the social activity.

3. "Dating services enterprise" or "enterprise" means any person or business entity that offers dating referral services to the public for compensation.

4. "Fraud ban" means the barring of a member from an online dating service because, in the judgment of the online dating service, the member poses a significant risk of attempting to obtain monies from other members through fraudulent means, using a false identity or attempting to defraud other members.

5. "Member" means a person who submits to an online dating service the information required by the online dating service to access the online dating service for the purpose of engaging in dating or participating in a compatibility evaluation with other persons.

6. "Members in this state" means members who provide a billing address or zip code in this state when registering with an online dating service.

7. "Online dating service" means a product or service that offers or provides to its members access to dating, romantic relationships or matrimonial services between persons through the internet to arrange or facilitate the social introduction of two or more persons.
A.R.S. § 44-6951 — Arizona Code / Title 44 / Chapter 25 / Article 1 / Section 6951
44-6951 Definitions
Status: in_force

44-6951. Definitions

In this chapter, unless the context otherwise requires:

1. "Audited financial report" means a financial report on a provider that is prepared by an independent certified public accountant.

2. "Department" means the department of insurance and financial institutions.

3. "Director" means the director of the department of insurance and financial institutions.

4. "Entrance fee" means an initial or deferred transfer to a provider of a facility of a sum of money or property by a person entering into a senior residential entrance fee contract that in amount or value is at least six hundred percent of the periodic fee charged to a resident, all or a portion of which may be refunded to that resident, a benefactor or a beneficiary on the resident's termination of residence in the facility.

5. "Facility" means a place or places in which a provider undertakes to provide a resident with a living unit pursuant to a senior residential entrance fee contract. Facility does not include any provider that is regulated by the department of insurance and financial institutions pursuant to title 20, chapter 8.

6. "Living unit" means any apartment, room or other area in a facility set aside for the exclusive use of one or more identified residents.

7. "Periodic fee" means the monthly calculated amount charged to a resident for lodging in a living unit provided pursuant to a senior residential entrance fee contract.

8. "Provider" means a person who provides lodging to seniors in a living unit pursuant to a senior residential entrance fee contract.

9. "Resident" means an individual who enters into a senior residential entrance fee contract with a provider or who is designated in a senior residential entrance fee contract to receive lodging.

10. "Senior residential entrance fee contract" means a contract to provide a living unit in a facility for the duration of a resident's life or for a term of more than one year that is conditioned on the transfer of an entrance fee to the provider in addition to or in lieu of the payment of periodic charges for the living unit and that is further conditioned on the resident's ability to live independently.
A.R.S. § 44-1746 — Arizona Code / Title 44 / Chapter 11 / Article 10 / Section 1746
44-1746 Relief from payment
Status: in_force

44-1746. Relief from payment

A. Every contract for dance studio lessons and other services shall contain a clause providing that if, by reason of death or disability, the customer is unable to receive all lessons and other services for which the customer has contracted, the customer or his estate shall be relieved from the obligation of making payment for lessons and other services other than those received prior to death or the onset of disability. If the customer has prepaid any sum for lessons and other services so much of such sum as is allocable to lessons and other services the customer has not taken shall be promptly refunded to the customer or his legal representative. Any dance studio contract terminated under the provisions of this section may provide for a servicing fee not to exceed ten per cent, less interest or finance charges, of the remaining balance of the contract.

B. Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the customer is relieved from making further payments or entitled to a refund under this section, the amount of the contract price allocable to lessons and other services not received shall represent at least as great a proportion of the total contract price as the sum of the periodic monthly balances not yet due bears to the sum of all the periodic monthly balances under the schedule of installments in the contract.
A.R.S. § 44-121 — Arizona Code / Title 44 / Chapter 1 / Article 2 / Section 121
44-121 Contracts in writing; consideration
Status: in_force

44-121. Contracts in writing; consideration

Every contract in writing imports a consideration.
A.R.S. § 44-1900 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1900
44-1900 Registration of additional securities by qualification
Status: in_force

44-1900. Registration of additional securities by qualification

Additional amounts of securities registered by qualification under this article may with the consent of the commission be registered by payment of an additional registration fee, which shall be computed as provided in paragraph 3 of section 44-1892 as a separate fee for each additional amount registered.
A.R.S. § 44-3201 — Arizona Code / Title 44 / Chapter 13 / Article 6 / Section 3201
44-3201 Grounds for denial, revocation or suspension of license; administrative remedies
Status: in_force

44-3201. Grounds for denial, revocation or suspension of license; administrative remedies

A. After a hearing or notice and an opportunity for a hearing as provided in article 7 of this chapter, the commission may enter an order suspending for a period of not more than one year, denying or revoking the license of an investment adviser or investment adviser representative if the commission finds that it is in the public interest and any one or a combination of the following:

1. The application for licensure of the investment adviser or investment adviser representative, any financial statement, document or other exhibit filed with an application or any supplement or amendment to an application is incomplete, inaccurate or misleading.

2. The investment adviser is insolvent or is in an unsound financial condition.

3. The investment adviser or investment adviser representative violates this chapter or any rule or order of the commission adopted or issued under this chapter.

4. The investment adviser or investment adviser representative fails to file with the commission any record, report, financial statement or other information required under this chapter or any rule or order of the commission adopted or issued under this chapter or refuses to permit an examination pursuant to section 44-3132.

5. The investment adviser knowingly retains an unlicensed investment adviser representative who is required to be licensed under this chapter.

6. The investment adviser permits any person to render investment advice in violation of this chapter.

7. The investment adviser representative is not employed by a licensed or federal covered adviser.

8. The investment adviser or investment adviser representative has been convicted within ten years preceding the date of filing an application for licensure as an investment adviser or investment adviser representative, or at any time after the date of filing an application, of a felony or misdemeanor involving a transaction in securities, of which fraud is an essential element or arising out of the conduct of any business involving securities or any aspect of the securities business.

9. The investment adviser or investment adviser representative is permanently or temporarily enjoined by order, judgment or decree of an administrative tribunal or a court of competent jurisdiction from engaging in or continuing any conduct or practice involving a violation of any federal or state securities laws or a violation of any other regulatory licensing requirements.

10. The investment adviser or investment adviser representative is subject to an order of an administrative tribunal, an SRO or the SEC denying, revoking or suspending membership, licensure or registration as a broker or dealer in securities or as an investment adviser or investment adviser representative for at least six months.

11. The investment adviser or investment adviser representative has been found civilly or criminally liable, by any court of competent jurisdiction or other governmental authority in a civil or criminal action not subsequently reversed, suspended or vacated, for any fraudulent act or practice in connection with any aspect of the securities business.

12. The investment adviser fails to reasonably supervise its investment adviser representatives or employees to assure their compliance with this chapter.

13. The investment adviser or investment adviser representative engages in dishonest or unethical practices in the securities industry.

14. The investment adviser or investment adviser representative engages in dishonest or unethical practices in business or financial matters.

B. In addition to denying, revoking or suspending the license, if the commission finds that an investment adviser or investment adviser representative has engaged in an act, practice or transaction described in subsection A, paragraph 6, 12 or 13, the commission may do one or more of the following:

1. Assess administrative penalties.

2. Order the investment adviser or investment adviser representative to cease and desist from engaging in the act, practice or transaction or doing any other act in furtherance of the act, practice or transaction.

3. Take appropriate affirmative action, as prescribed by the commission, to correct the conditions resulting from the act, practice or transaction, including a requirement to provide restitution.

C. If the investment adviser is a partnership, corporation, unincorporated association, limited liability company or trust, it is sufficient cause for denial of licensure if a member of the partnership, an officer or director of the corporation or unincorporated association, a manager of a limited liability company, a trustee or any other fiduciary of a trust or a person controlling, controlled by or under common control with the investment adviser has been found civilly or criminally liable, by any court of competent jurisdiction or other governmental authority in a civil or criminal action not subsequently reversed, suspended or vacated, for any act or omission that would be sufficient grounds for denying the licensure of an individual investment adviser.

D. If the license of an investment adviser or investment adviser representative is revoked or denied, that investment adviser or investment adviser representative may not file with the commission for licensure under this chapter or for registration under chapter 12 of this title for at least one year from the date of the revocation or denial.
A.R.S. § 44-3153 — Arizona Code / Title 44 / Chapter 13 / Article 4 / Section 3153
44-3153 Application for licensure as investment adviser; notice filings by federal covered advisers
Status: in_force

44-3153. Application for licensure as investment adviser; notice filings by federal covered advisers

A. Any person may apply for licensure as an investment adviser.  The applicant shall sign an application for licensure.

B. An application for licensure as an investment adviser shall be filed with the commission through the IARD.  If the IARD does not provide for receipt of a filing, the filing may be made with the commission by mail or any other method that is reasonably acceptable to the commission.

C. An application for licensure shall contain the following, together with other information the commission prescribes:

1. A completed uniform application for investment adviser registration under the investment advisers act of 1940 together with other forms designated by the director.

2. Proof of compliance with written examination requirements.

3. Financial reports as required by the commission.

4. A notarized affidavit of any officer, director, partner, member, trustee or manager of the applicant that states:

(a) That a review of the records of the investment adviser has been conducted.

(b) Whether any investment adviser activity has been conducted with residents of this state before licensure as an investment adviser.

5. If the applicant intends to have a branch office in this state, the address and name of a contact individual at that branch office.

6. If the applicant is an individual and the applicant's fingerprints are not on file with the division, the CRD system or the IARD, a full set of fingerprints.  The commission shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

D. An application for licensure as an investment adviser shall be accompanied by payment of the licensure fee prescribed in section 44-3181.

E. A federal covered adviser may transact business in this state as an investment adviser if the federal covered adviser makes a notice filing with the commission through the IARD.  If the IARD does not provide for receipt of a filing, the filing may be made with the commission by mail or any other method that is reasonably acceptable to the commission.

F. The notice filing shall consist of all of the following:

1. Copies of those documents that are filed with the SEC and that the commission requires to be filed.

2. A consent to service of process.

3. A notice filing fee as prescribed in section 44-3181.

G. A notice filing is effective on compliance with the requirements of subsection E of this section and remains effective until December 31 unless it is renewed before that time by filing with the commission any renewal documents prescribed by the commission along with the notice filing fee prescribed in section 44-3181.

H. A federal covered adviser may terminate a notice filing by notifying the commission of that termination through the IARD.  If the IARD does not provide for receipt of a filing, the filing may be made with the commission by mail or any other method that is reasonably acceptable to the commission.
A.R.S. § 44-405 — Arizona Code / Title 44 / Chapter 4 / Article 1 / Section 405
44-405 Preservation of secrecy; definition
Status: in_force

44-405. Preservation of secrecy; definition

A. In an action under this chapter or section 13-1802 or 13-2316.02 a court shall preserve the secrecy of an alleged trade secret by reasonable means.

B. For the purposes of this section, "reasonable means" includes granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action or ordering a person involved in the litigation not to disclose an alleged trade secret without prior court approval.
A.R.S. § 44-7951 — Arizona Code / Title 44 / Chapter 38 / Article 1 / Section 7951
44-7951 Businesses exempt from mask mandate
Status: in_force

44-7951. Businesses exempt from mask mandate

Notwithstanding any other law, a business in this state is not required to enforce on its patrons a mask mandate that is established by this state, a city, town or county or any other jurisdiction of this state.
A.R.S. § 44-1274 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1274
44-1274 Bond; amount; filing; beneficiaries; cancellation
Status: in_force

44-1274. Bond; amount; filing; beneficiaries; cancellation

A. A seller shall maintain a bond of one hundred thousand dollars issued by a surety company duly authorized to do business in this state. The bond shall be filed with the state treasurer. No control or beneficiary interest may be held by the seller in the surety or by the surety company in the seller.

B. The bond required by subsection A of this section shall be in favor of this state to be held in trust by the state treasurer for the benefit of any consumer who suffers financial damage as a result of a violation of this article or an unlawful practice pursuant to section 44-1522.

C. A consumer who makes a claim against the bond may maintain an action against the seller and the surety, except that the surety is liable only for any monies paid by the consumer to the seller or solicitor, plus reasonable attorney fees. The surety bond may be sued upon in successive actions until the full amount is exhausted. A consumer may not commence suit on the bond more than four years after the act or omission on which the suit is based. Subject to the limitations in this article, a surety is liable for damages for an act or omission during the time the bond is in effect.

D. The aggregate liability of the surety to all consumers for all breaches of the conditions of the bond provided in this section shall not exceed the amount of the bond.

E. A surety for any cause may cancel the bond by giving sixty days' written notice by certified mail of the cancellation to the state treasurer, the attorney general and the seller. On or before the effective date of the cancellation of the bond, the seller shall either obtain a new bond which meets the requirements of this section and file a copy of the new bond with the state treasurer or make a cash deposit.

F. In lieu of furnishing the surety bond as required by this section, the seller may deposit with the state treasurer a cash deposit in the required amount.

G. The state treasurer shall maintain cash deposited pursuant to this section in an interest bearing trust account on behalf of the depositor. Deposits plus accrued interest may be withdrawn, if there are no outstanding claims against them, four years after the seller ceases to do business in this state. Deposits may be withdrawn four years after the filing of a surety bond as a replacement to the cash deposit.
A.R.S. § 44-1455 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1455
44-1455 Use of unauthorized copy of computer software; violation; classification
Status: in_force

44-1455. Use of unauthorized copy of computer software; violation; classification

A person who knowingly uses, other than for personal, noncommercial use, an unauthorized copy of computer software that when used depicts, incorporates or displays or causes to be depicted, incorporated or displayed a mark that has been registered under this article for computer software is guilty of a class 5 felony.
A.R.S. § 44-1446 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1446
44-1446 Assignment of mark and registration
Status: in_force

44-1446. Assignment of mark and registration

Any mark and its registration under the provisions of this article shall be assignable with the goodwill of the business in which the mark is used or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state who upon recording of the assignment shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last reregistration thereof. An assignment of any registration under this article shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
A.R.S. § 44-7202 — Arizona Code / Title 44 / Chapter 29 / Article 1 / Section 7202
44-7202 Prohibitions
Status: in_force

44-7202. Prohibitions

A person may not use or create a bot to do any of the following:

1. Purchase tickets in excess of the posted limit for an online ticket sale.

2. Use multiple internet protocol addresses, multiple purchaser accounts or multiple email addresses to purchase tickets in excess of the posted limit for an online ticket sale.

3. Circumvent or disable an electronic queue, waiting period, presale code or other sales volume limitation system associated with an online ticket sale.

4. Circumvent or disable a security measure, access control system or other control or measure that is used to validate that the ticket is not fraudulent.
A.R.S. § 44-3293 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3293
44-3293 Burden of proof of exemptions
Status: in_force

44-3293. Burden of proof of exemptions

If a defense in any civil or criminal action is based on any exemption provided for in this chapter, the burden of proving the existence of the exemption is on the party raising the defense, and it is not necessary to negate the exemption in any petition, complaint, information or indictment made or brought in any proceeding under this chapter.
A.R.S. § 44-1378.07 — Arizona Code / Title 44 / Chapter 9 / Article 22 / Section 1378.07
44-1378.07 Enforcement
Status: in_force

44-1378.07. Enforcement

A. The attorney general or a county attorney may enforce the criminal provisions of this article.

B. An act or practice in violation of this article constitutes an unlawful practice under section 44-1522.  The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
A.R.S. § 44-1304 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1304
44-1304 Disposal of waste tires
Status: in_force

44-1304. Disposal of waste tires

A. The disposal of waste tires in landfills and the incineration of those tires is prohibited, except as provided in subsection C or D of this section or in accordance with rules adopted by the director of the department of environmental quality. An owner or operator of a solid waste disposal site shall not knowingly accept waste tires for disposal unless the director has approved waste tire disposal pursuant to the site's solid waste facility plan.

B. A person shall not dispose of motor vehicle waste tires unless the waste tires are disposed of at a waste tire collection site or as provided in subsection C or D of this section or in accordance with rules adopted by the director of the department of environmental quality.

C. Off-road motor vehicle waste tires shall not be disposed of or reused except in accordance with this article or rules adopted by the director of the department of environmental quality. In the absence of rules, off-road motor vehicle waste tires shall not be disposed of or put to beneficial use in a manner that results in an environmental nuisance pursuant to section 49-141. Mining industry off-road motor vehicle waste tires may be disposed of by burial at a mining facility in the same manner allowed by rule in effect on February 1, 1996 until the director by rule determines on-site recycling methods that are technically feasible and economically practical.

D. The following are permissible methods of waste tire disposal:

1. Retreading or recapping.

2. Constructing collision barriers.

3. Controlling soil erosion or for flood control only if used in accordance with approved engineering practices.

4. Chopping or shredding for use as waste tire daily cover material at a solid waste landfill.

5. Grinding for use in asphalt and as a raw material for other products.

6. Sludge composting.

7. Using as playground equipment.

8. Incinerating or using as a fuel or pyrolysis if allowed by laws, regulations or ordinances relating to burning or fuel.

9. Hauling to out-of-state collection or processing sites.

10. Tire monofills if tires are chopped or shredded.

11. Use as a building material for building construction in accordance with applicable city, town and county building codes.

12. Agricultural purposes as bumpers on agricultural equipment or as ballast to maintain covers at an agricultural site.

E. For the purposes of subsection D, paragraph 10 of this section, "tire monofill" means a solid waste disposal facility or a part of a facility used for the exclusive purpose of the disposal of waste tires that are chopped, shredded or cut up for the purpose of disposal.

F. The director of the department of environmental quality, by rule, may authorize other methods of disposal of waste tires. If used as daily cover material for a solid waste landfill, the director shall specify the size of the parts into which the material must be cut. The director may allow the disposal of whole tires, including with or without rims, pursuant to a solid waste facility plan if disposed of in either of the following manners:

1. As a layer immediately above the base liner system of a new solid waste landfill.

2. Buried with other waste at a depth of fifty feet or more.

G. Each county shall provide at least one designated waste tire collection site in the county to receive waste tires from a seller of motor vehicle tires or the seller's designee complying with section 44-1302.  Additional waste tire collection sites or disposal arrangements shall be established by the county as necessary for the disposal of waste tires as provided in subsection B of this section. All collection sites established under this subsection shall comply with applicable zoning and ordinance regulations. The county or private enterprise receiving waste tire fund monies from a county shall not impose a tire tipping fee and shall not refuse to accept waste tires from a seller of motor vehicle tires or the seller's designee complying with section 44-1302, unless provided for in section 44-1302, subsection H.

H. The director of the department of environmental quality shall issue or revise a permit required pursuant to title 49, chapter 3, article 2 for a facility that applies to the department of environmental quality for a permit or a revision to a permit to burn a tire derived fuel if the applicant can demonstrate that the burning of tire derived fuel will result in equal to or lower emissions than the burning of other types of fuel for which the department of environmental quality may issue permits and the applicant has met all requirements of titles I and V of the clean air act. Any tests involving tire derived fuel conducted by the United States environmental protection agency or any test results involving tire derived fuel approved by the United States environmental protection agency, including hazardous air pollutant studies, shall be accepted by the department of environmental quality. No duplicate testing by the applicant shall be required, except that the applicant shall meet all testing requirements under titles I and V of the clean air act. For the purposes of this subsection, "clean air act" has the same meaning prescribed in section 49-401.01.
A.R.S. § 44-3113 — Arizona Code / Title 44 / Chapter 13 / Article 2 / Section 3113
44-3113 Employment of personnel
Status: in_force

44-3113. Employment of personnel

The director may employ personnel for the administration of this chapter as prescribed in section 44-1813.
A.R.S. § 44-3324 — Arizona Code / Title 44 / Chapter 13 / Article 12 / Section 3324
44-3324 Notice filing fees
Status: in_force

44-3324. Notice filing fees

A. When filing its initial notice filing, an open-end company shall pay a nonrefundable notice filing fee for sales to be made during the initial notice period.  The open-end company may elect to pay either a minimum fee of two hundred dollars or a maximum fee of three thousand five hundred dollars. If paying the maximum fee, an open-end company is not required to file a sales report at the expiration of the notice period.

B. An open-end company that renews its notice filing in accordance with section 44-3322, subsection B shall pay both of the following nonrefundable notice filing fees no later than the expiration of the current notice period:

1. For sales to be made during the current fiscal year, the open-end company may elect to pay either a minimum fee of two hundred dollars or a maximum fee of three thousand five hundred dollars.  If paying the maximum fee, an open-end company is not required to file a sales report at the time of its next renewal notice filing.

2. A fee for sales that occurred during the prior fiscal year, as those sales are reported pursuant to section 44-3323, subsection C.  The fee is equal to one-tenth of one percent of the aggregate dollar amount of securities actually sold in this state during the prior fiscal year minus two hundred dollars, but in no event more than three thousand three hundred dollars.  If the maximum fee was previously paid for the prior fiscal year, the open-end company is not required to pay any additional fees under this paragraph.

C. An open-end company that does not renew its notice filing in accordance with section 44-3322, subsection B and that did not previously pay the maximum fee for the notice period shall pay a nonrefundable notice filing fee no later than two months after the expiration of its current notice period for sales that occurred during the prior fiscal year and during the two month period from the end of the prior fiscal year to the expiration of the notice period, as those sales are reported pursuant to section 44-3323, subsection D.  The fee is equal to one-tenth of one percent of the aggregate dollar amount of securities actually sold in this state during the prior fiscal year and during the two month period from the end of the prior fiscal year to the expiration of the notice period minus two hundred dollars, but in no event more than three thousand three hundred dollars. If the maximum fee was previously paid for the prior fiscal year, the open-end company is not required to pay any additional fees under this subsection.

D. When filing its initial notice filing, a unit investment trust shall pay a nonrefundable notice filing fee for sales to be made during the initial notice period.  The unit investment trust may elect to pay either a minimum fee of two hundred dollars or a maximum fee of three thousand five hundred dollars.  If paying the maximum fee, the unit investment trust is not required to file a sales report at the end of the expiration of the notice period.

E. A unit investment trust that elects to renew its notice filing in accordance with section 44-3322, subsection C shall pay both of the following nonrefundable notice filing fees:

1. For sales to be made during the renewal notice period, a unit investment trust may elect to pay either a minimum fee of two hundred dollars or a maximum fee of three thousand five hundred dollars.  The fee shall be paid no later than the expiration date of the current notice period.  If paying the maximum fee, a unit investment trust is not required to file a sales report within two months after the expiration of the renewal notice period.

2. A fee for sales that occurred during the expiring notice period, as those sales are reported pursuant to section 44-3323, subsection E.  The fee shall be equal to one-tenth of one percent of the aggregate dollar amount of securities actually sold in this state by the unit investment trust during the prior notice period minus two hundred dollars, but in no event more than three thousand three hundred dollars.  The fee shall be paid no later than two months after the expiration date of the prior notice period.  If the maximum fee was previously paid for the expiring notice period, the unit investment trust is not required to pay any additional fees under this paragraph.

F. A unit investment trust that does not renew its notice filing in accordance with section 44-3322, subsection C and that did not previously pay the maximum fee for the notice period shall pay, within two months after the expiration of the notice period, a nonrefundable notice filing fee for sales that occurred during the prior notice period as such sales are reported pursuant to section 44-3323, subsection F.  The fee is equal to one-tenth of one percent of the aggregate dollar amount of securities actually sold in this state by the unit investment trust during the prior notice period minus two hundred dollars, but in no event more than three thousand three hundred dollars.  If the maximum fee was previously paid for the expiring notice period, the unit investment trust is not required to pay any additional fees under this subsection.

G. An issuer that fails to timely file any sales report required by section 44-3323 shall pay a late filing fee in the amount of two hundred dollars.  An issuer that fails to timely pay any notice filing fees required pursuant to this section shall pay the required notice filing fee together with a late payment fee equal to one-half of the amount of the required notice filing fee.

H. The fees collected pursuant to this section shall be deposited as follows:

1. Eighty percent in the securities regulatory and enforcement fund established by section 44-2039.

2. Ten percent in the office of economic opportunity operations fund established by section 41-5302.

3. Ten percent in the investment management regulatory and enforcement fund established by section 44-3298.
A.R.S. § 44-5003 — Arizona Code / Title 44 / Chapter 15 / Article 1 / Section 5003
44-5003 Referral sales, rebate or discount violations
Status: in_force

44-5003. Referral sales, rebate or discount violations

No seller in a home solicitation sale shall offer to pay a commission or give a rebate or discount to the buyer in consideration of the buyer's giving to the seller the names of prospective purchasers or otherwise aiding the seller in making a sale to another person, if the earning of the commission, rebate or discount is contingent upon an event that is to happen subsequent to the time the buyer agrees to buy. Any sale made in respect to which a commission, rebate or discount is offered in violation of the provisions of this chapter shall be voidable at the option of the buyer.
A.R.S. § 44-2121 — Arizona Code / Title 44 / Chapter 12 / Article 19 / Section 2121
44-2121 Definition of illegal act
Status: in_force

44-2121. Definition of illegal act

In this article, unless the context otherwise requires, "illegal act" means an act or omission that violates any law or any rule having the force of law.
A.R.S. § 44-2053 — Arizona Code / Title 44 / Chapter 12 / Article 17 / Section 2053
44-2053 Limitation on liability
Status: in_force

44-2053. Limitation on liability

Neither the state nor any political subdivision, nor the commission, the Arizona commerce authority, nor any state officer, agent or employee acting in good faith, except as otherwise explicitly provided by statute, shall be liable for any injury or damage to investors, exchange members, their subsidiaries, affiliates or employees or the general public resulting from any actual or opportunity losses suffered through the activities of the securities exchange. For these purposes, the term "activities" is to be construed as any actual and anticipated exchange matter.
A.R.S. § 44-3114 — Arizona Code / Title 44 / Chapter 13 / Article 2 / Section 3114
44-3114 Travel and other necessary expenses of employees
Status: in_force

44-3114. Travel and other necessary expenses of employees

The director and any person under the director's supervision shall be paid travel and other necessary expenses as provided in section 44-1814.
A.R.S. § 44-1444 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1444
44-1444 Certificate of registration; admissibility as evidence
Status: in_force

44-1444. Certificate of registration; admissibility as evidence

A. Upon compliance by the applicant with the requirements of this article, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate shall be issued under the signature of the secretary of state and the seal of the state, and it shall show:

1. The name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark.

2. The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state.

3. The class of goods or services and a description of the goods or services on which the mark is used.

4. A reproduction of the mark.

5. The registration date and the term of the registration.

B. A certificate of registration issued by the secretary of state under the provisions of this article or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of competent jurisdiction in this state.
A.R.S. § 44-323 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 323
44-323 Retention of records
Status: in_force

44-323. Retention of records

A. A holder that is required to file a report pursuant to section 44-307 shall maintain the records that contain the information required to be included in the report for five years after the holder files the report, except as provided in subsection B of this section or unless the department adopts a rule that allows for a shorter period of time.

B. A business association or financial organization that sells, issues or provides to others for sale or issue in this state traveler's checks, money orders or other similar instruments on which the business association or financial organization is directly liable, other than third party bank checks, shall maintain a record of the instruments while the instruments remain outstanding and the record shall indicate the state and date of issue of the instruments.  The association or organization shall maintain the record prescribed by this subsection for three years after the holder files the report.
A.R.S. § 44-3294 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3294
44-3294 Evidence of licensure or lack of licensure
Status: in_force

44-3294. Evidence of licensure or lack of licensure

A certificate signed by the director and under seal of the commission showing that a notice filing has or has not been filed as provided in article 4 of this chapter or that an investment adviser or investment adviser representative has or has not been licensed as provided in article 4 of this chapter constitutes evidence of the facts so certified and is admissible in evidence in any civil or criminal action or proceeding in which the question of the notice of filing or licensure may be at issue.
A.R.S. § 44-1553 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1553
44-1553 Voidable franchises
Status: in_force

44-1553. Voidable franchises

Any franchise may be cancelled by the dealer at his option by sending a written declaration of that fact and the reasons therefor to the distributor if:

1. The distributor's offer was fraudulent or unlawful, provided that the dealer send such written declaration within sixty days after discovery thereof.

2. The dealer was not afforded the opportunity to negotiate with the distributor on all provisions within the franchise, except that such negotiations shall not impair the uniform image and quality standards of the franchise, provided that the dealer send such written declaration within ten days after execution of the franchise.

3. The dealer was not furnished a copy of the franchise agreement at least seventy-two hours prior to execution. The dealer shall send such written cancellation within ten days after execution of the franchise.

4. The dealer was not furnished the disclosure set forth in section 44-1552 at least seventy-two hours prior to the execution of the franchise agreement. The dealer shall send such written cancellation within ten days after dealer has acquired all of the required information.
A.R.S. § 44-7033 — Arizona Code / Title 44 / Chapter 26 / Article 2 / Section 7033
44-7033 Presumptions
Status: in_force

44-7033. Presumptions

A. There is a rebuttable presumption that a secure electronic record has not been altered since the specific time to which the secure status relates.

B. There is a rebuttable presumption that the secure electronic signature is the electronic signature of the party to whom it relates.

C. In the absence of a secure electronic record or a secure electronic signature, this chapter does not create any presumption regarding the authenticity and integrity of an electronic record or an electronic signature.
A.R.S. § 44-7111 — Arizona Code / Title 44 / Chapter 27 / Article 2 / Section 7111
44-7111 Tobacco; nonparticipating manufacturers; civil penalty; violation; classification
Status: in_force

44-7111. Tobacco; nonparticipating manufacturers; civil penalty; violation; classification

This state enacts the model nonparticipating manufacturers legislation as follows:

Section 1. Findings and Purpose.

The legislature finds that violations of section 44-7101 threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state and the public health. The legislature finds that enacting procedural enhancements will aid the enforcement of section 44-7101 and thereby safeguard the master settlement agreement, the fiscal soundness of the state and the public health.

Section 2. Definitions.

(a) "Brand family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol", "lights", "kings" and "100s", and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

(b) "Cigarette" has the same meaning prescribed in section 44-7101.

(c) "Department" means the department of revenue.

(d) "Director" means the director of the department.

(e) "Distributor" has the same meaning prescribed in section 42-3001.

(f) "Master settlement agreement" has the same meaning prescribed in section 44-7101.

(g) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.

(h) "Participating manufacturer" has the meaning given that term in section II(jj) of the master settlement agreement and all amendments thereto.

(i) "Qualified escrow fund" has the same meaning prescribed in section 44-7101.

(j) "Tobacco product manufacturer" has the same meaning prescribed in section 44-7101.

(k) "Units sold" has the same meaning prescribed in section 44-7101.

Section 3. Certifications; Directory; Tax Stamps.

(a) Certification. Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the attorney general a certification to the attorney general not later than the thirtieth day of April each year, certifying that, as of the date of the certification, the tobacco product manufacturer either is a participating manufacturer or is in full compliance with section 44-7101, section 3(b), including all quarterly installment payments required by regulations as may be promulgated by the attorney general pursuant to section 5(f) of this article.  As to all certifications required by this article, if the certification is rejected due to incompleteness or incorrectness, the tobacco product manufacturer may not submit supplemental documentation to try to cure the rejection and must execute and deliver an entirely new certification to the attorney general.

(1) A participating manufacturer shall include in its certification a list of its brand families.  The participating manufacturer shall update the list thirty days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the attorney general.

(2) A nonparticipating manufacturer shall include in its certification (i) a list of all of its brand families and the number of units sold for each brand family that were sold in the state during the preceding calendar year, (ii) a list of all of its brand families that have been sold in the state at any time during the current calendar year, (iii) indicating by an asterisk, any brand family sold in the state during the preceding calendar year that is no longer being sold in the state as of the date of the certification and (iv) identifying by name and address any other manufacturer of the brand families in the preceding or current calendar year and (v) for each of the current calendar year and the preceding calendar year, a list of all of this state's resident and nonresident distributors that the manufacturer sold cigarettes to or that the manufacturer believes or has reason to believe purchased or received any of the manufacturer's cigarettes from another source. The nonparticipating manufacturer must execute and deliver a supplemental certification to the attorney general to request any addition to or modification of its brand families. The supplemental certification requesting the addition or modification does not relieve the brand families from the prohibitions set forth in sections 3(c) and 6(d) until the request is approved by the attorney general and the addition or modification to the brand families is listed or made in the directory.

(3) In the case of a nonparticipating manufacturer, the certification shall further certify:

(a) That the nonparticipating manufacturer is registered to do business in the state or has appointed a resident agent for service of process and provided notice thereof as required by section 4.

(b) That the nonparticipating manufacturer (i) has established and continues to maintain a qualified escrow fund and (ii) has executed a qualified escrow agreement that has been reviewed and approved by the attorney general and that governs the qualified escrow fund.

(c) That the nonparticipating manufacturer is in full compliance with section 44-7101, section (3)(b) and this article, and any regulations promulgated pursuant thereto;

(d) (i) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to section 44-7101, section 3(b) and all regulations promulgated pursuant thereto, (ii) the account number of the qualified escrow fund and any subaccount number for the state, (iii) the amount the nonparticipating manufacturer placed in the fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each deposit and such evidence or verification as may be deemed necessary by the attorney general to confirm the foregoing and (iv) the amount of and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to section 44-7101, section 3(b) and all regulations promulgated pursuant thereto.

(e) Unless the nonparticipating manufacturer or its affiliate is licensed as a tobacco distributor in this state, that all sales or shipments made by the nonparticipating manufacturer or its affiliate within or into this state are made to a tobacco distributor that is licensed in this state.

(f) All other information and materials specifically requested by this section or the attorney general in the course of enforcing this section.

(4) A tobacco product manufacturer may not include a brand family in its certification unless (i) in the case of a participating manufacturer, the participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant year, in the volume and shares determined pursuant to the master settlement agreement, and (ii) in the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of section 44-7101, section 3(b).  Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the master settlement agreement or for purposes of section 44-7101.

(5) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other information relied upon for the certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.

(6) A tobacco product manufacturer that is not currently listed in the directory must submit an initial certification subject to the same requirements and review process set forth in this article for annual certifications. The tobacco product manufacturers brand families remain subject to the prohibitions set forth in sections 3(c) and 6(d) until listed in the directory.

(b) Directory of cigarettes approved for stamping and sale.  Not later than ninety days after the effective date of this article, the attorney general shall develop and publish on the attorney general's web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of section 3(a) and all brand families that are listed in those certifications (the "directory"), except as noted below.

(1) The attorney general shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the attorney general determines is not in compliance with any term of this article, unless the attorney general has determined that the violation has been cured to the satisfaction of the attorney general.

(2) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory if the attorney general concludes, in the case of a nonparticipating manufacturer, that (i) any escrow payment required pursuant to section 44-7101, section 3(b) for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general, or (ii) any outstanding final judgment, including interest thereon, for a violation of section 44-7101 has not been fully satisfied for the brand family or the manufacturer.

(3) The attorney general shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this article.

(4) A distributor that has lawfully affixed stamps to cigarettes and subsequently is unable to sell those cigarettes lawfully because the cigarettes have been removed from the directory pursuant to section 3(b)(2) of this article, may apply to the department for a refund of the cost of such stamps.

(5) Every distributor shall provide and update as necessary an electronic mail address to the director and attorney general for the purpose of receiving any notifications as may be required by this article.

(6) A tobacco product manufacturer included in the directory may request that a new brand family be added to the directory by executing and delivering a supplemental certification with the necessary information to the attorney general and the director.  Not later than forty-five business days after receiving such a request, and at such earlier time as is reasonable to do so, the attorney general shall either (i) certify the new brand family or (ii) deny the request. However, in cases where the attorney general reasonably determines that it needs additional information to ascertain whether the requestor is the tobacco product manufacturer of the new brand family, the attorney general may take whatever additional time is reasonably needed to process the request, to locate and assemble information or documents needed to process the request, and to notify persons or agencies affected by the request.

(c) Prohibition against stamping or sale of cigarettes not in the directory. It shall be unlawful for any person (1) to affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or (2) to sell, offer or possess for sale, in this state, including for sale within or outside of this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.

(d) Every nonparticipating manufacturer shall post a bond for the exclusive benefit of this state.

(e) The bond shall be posted at least ten days in advance of each calendar quarter as a condition to the nonparticipating manufacturer and its brand families being included in the state directory for that quarter.  The amount of the bond shall be the greater of (i) the greatest required escrow amount due from the nonparticipating manufacturer or its predecessor for any of the twelve preceding calendar quarters or (ii) fifty thousand dollars.  The bond certifications and materials must be submitted as part of the initial, annual and supplemental certifications required by this article.

(f) If a nonparticipating manufacturer that posted a bond has failed to make or have made on its behalf deposits equal to the full amount owed for a quarter within fifteen days following the due date of the quarter under section 5, subparagraph (g), the state may execute on the bond in the amount equal to any remaining amount of the escrow due. Amounts that the state collects on a bond shall be deposited into the state treasury and shall reduce the amount of escrow due from that nonparticipating manufacturer in the dollar amount collected.  Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and, as provided in any joint and several provision in this section, from the importers that sold its cigarettes during that calendar quarter.

(g) The office of the attorney general shall adopt rules necessary to implement subparagraphs (d), (e) and (f) of this section.

(h) Nonparticipating manufacturers located outside the United States must provide a declaration in a form prescribed by the attorney general from each of its importers into the United States of any of its brand families, that the importer accepts joint and several liability with the nonparticipating manufacturer for all escrow deposits due pursuant to section 44-7101 as well as all penalties and other relief available to the state pursuant to section 44-7101 and this section.  The declaration shall appoint a resident agent for service of process in this state pursuant to section 4. The declarations shall be submitted as part of the certifications required pursuant to this section and updated at least thirty days before any other importer begins the importation of the manufacturer's cigarettes. Failure to comply with this subparagraph is grounds for removal from the directory.  For the purposes of this subparagraph, "importer" has the same meaning as in 27 Code of Federal Regulations section 41.11 (2012). The importer declaration must be submitted as part of the initial, annual and supplemental certifications required by this article.

(i) The attorney general shall have the authority to not retain or refuse to include in the directory any nonparticipating manufacturer or the manufacturer's brand families, that (i) does not certify that it is subject to the enforcement of section 44-7101, this section and section 36-798.06 without any immunity, (ii) provides incorrect, false or misleading statements in any certification submitted to this state pursuant to section 44-7101 or this section with regard to any year or (iii) was previously or is currently not in compliance with any other federal or state laws, including another state's qualifying statute as defined in the master settlement agreement or if the attorney general has reason to believe that the tobacco product manufacturer will not comply with the laws.

(j) The attorney general has the authority to require any nonparticipating manufacturer to submit all information, certifications, affidavits and other materials that the attorney general deems appropriate to determine compliance with this section and other related laws, including the grounds for not retaining or not including in the directory any nonparticipating manufacturer or the manufacturer's brand families.

Section 4. Agent for Service of Process.

(a) Requirement for agent for service of process.  Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this article and section 44-7101, may be served in any manner authorized by law.  Such service on the agent constitutes legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of the agent to and to the satisfaction of the attorney general.

(b) The nonparticipating manufacturer shall provide notice to the attorney general thirty calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the attorney general of the appointment of a new agent not less than five calendar days prior to the termination of an existing agent appointment.  In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the attorney general of the termination within five calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.

(c) Any nonparticipating manufacturer whose cigarettes are sold in this state and who has not appointed and engaged an agent as herein required shall be deemed to have appointed the secretary of state as the agent and may be proceeded against in courts of this state by service of process upon the secretary of state; provided, however, that the appointment of the secretary of state as the agent shall not satisfy the condition precedent to having the brand families of the nonparticipating manufacturer included or retained in the directory.

Section 5. Reporting of Information; Escrow Installments.

(a) Reporting by distributors.  Not later than twenty calendar days after the end of each calendar month, and more frequently if so directed by the director, each distributor shall submit to the department on a form prescribed by the department such information as the director requires to facilitate compliance with this article, including, but not limited to, a list by brand family of the total number of cigarettes or, in the case of roll your own, the equivalent stick count, for which the distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for the cigarettes. The department shall review all information reported by the distributor for accuracy and completeness.  The distributor shall maintain, and make available to the director and the attorney general, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the director for a period of five years.

(b) Disclosure of information. The department is authorized to disclose to the attorney general any information received under this article and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this article. The department and attorney general shall share with each other the information received under this article, and may share the information with other federal, state or local agencies only for purposes of enforcement of this article, section 44-7101 or corresponding laws of other states.

(c) If a tobacco product manufacturer required to establish a qualified escrow fund under section 44-7101, section 3(b) disputes the attorney general's determination of the amount that the manufacturer is required to deposit into escrow and the attorney general determines that the dispute can likely be resolved by information contained in reports submitted by distributors to the department indicating sales or purchases of the manufacturer's cigarettes, then the attorney general shall produce the relevant portions of the reports to the manufacturer. However, before disclosing the foregoing information, the attorney general may require the manufacturer to provide all records related to its sales of the cigarettes in dispute. The disclosure provided by the attorney general to a tobacco product manufacturer pursuant to this subsection shall be limited to information concerning the cigarettes alleged by the state to be subject to the requirements of section 44-7101, section 3(b), may be used by the manufacturer only for the limited purpose of determining the appropriate escrow deposit, and may not be disclosed by the manufacturer to any third parties.

(d) Verification of qualified escrow fund.  The attorney general may require at any time from the nonparticipating manufacturer, proof from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with section 44-7101, section 3(b) of the amount of money in the fund, exclusive of interest, the amount and the date of each deposit to the fund, and the amount and date of each withdrawal from the fund.

(e) Requests for additional information. In addition to the information required to be submitted pursuant to this article, the director and attorney general may require a distributor or tobacco product manufacturer to submit any additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the attorney general to determine whether a tobacco product manufacturer is in compliance with this article.

(f) Quarterly escrow installments.  To promote compliance with the provisions of this article, the attorney general may promulgate regulations requiring tobacco product manufacturers subject to the requirements of section 3(a)(2) to make the escrow deposits required in quarterly installments during the year in which the sales covered by the deposits are made:

(1) In circumstances where the attorney general reasonably concludes that a manufacturer may not fully and timely comply with section 44-7101, section 3(b).

(2) Where manufacturers have not made escrow deposits pursuant to section 44-7101, section 3(b) during the preceding calendar year.

The attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit.

(g) A tobacco product manufacturer that is subject to the requirements of section 3(a)(2) shall make the required escrow deposits in quarterly installments following each sales quarter.  The attorney general may require the production of information that is sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit.  Quarterly escrow installment deposits must be made pursuant to the following schedule:

(1) For the first quarter, January through March, on or before May 31 of the calendar year.

(2) For the second quarter, April through June, on or before August 31 of the calendar year.

(3) For the third quarter, July through September, on or before November 30 of the calendar year.

(4) For the fourth quarter, October through December, on or before February 28 of the following calendar year.

Section 6. Penalties and Other Remedies.

(a) License revocation and civil penalty.  In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor has violated section 3(c) or any regulation adopted pursuant to this article, the director may revoke or suspend the license of the distributor in the manner provided by title 41, chapter 6, article 10 for contested cases. Each stamp affixed and each sale or offer to sell cigarettes in violation of section 3(c) shall constitute a separate violation. The director may also impose a civil penalty in an amount not to exceed the greater of five hundred percent of the retail value of the cigarettes or five thousand dollars upon a determination of violation of section 3(c) or any regulations promulgated pursuant thereto.  The penalty shall be imposed in the manner provided by title 41, chapter 6, article 10 for contested cases.

(b) Contraband and seizure. Any cigarettes that have been sold, offered for sale or possessed for sale in this state in violation of section 3(c) shall be deemed contraband and the cigarettes shall be subject to seizure by the department and forfeiture, and all the cigarettes so seized and forfeited shall be destroyed and not resold.

(c) Injunction. The attorney general, on behalf of the director, may seek an injunction to restrain a threatened or actual violation of section 3(c), 5(a) or 5(d) by a distributor and to compel the distributor to comply with those sections. In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees.

(d) Unlawful sale and distribution.  It shall be unlawful for a person to (i) sell or distribute cigarettes, or (ii) acquire, hold, own, possess, transport, import or cause to be imported cigarettes, that the person knows or should know are intended for distribution or sale in the state in violation of section 3(c). A violation of this section is a class 1 misdemeanor.

(e) Deceptive trade practice. A person who violates section 3(c) engages in an unlawful practice in violation of section 44-1522.  Standing to bring an action to enforce title 44, chapter 10, article 7 for violation of section 3(c) shall lie solely with the attorney general.

Section 7. Miscellaneous Provisions.

(a) Notice and review of determination. A determination of the attorney general to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review as an appealable agency action in the manner prescribed by title 41, chapter 6, article 10.

(b) Dates. For the year 2003, the first report of distributors required by section 5(a) shall be due thirty calendar days after the effective date of this article. The certifications by a tobacco product manufacturer described in section 3(a) shall be due forty-five calendar days after the effective date and the directory described in section 3(b) shall be published or made available within ninety calendar days after the effective date.

(c) Promulgation of regulations. The department and the attorney general may promulgate regulations necessary to effect the purposes of this article.

(d) Recovery of costs and fees by attorney general.  In any action brought by the state to enforce this article, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney fees.

(e) Disgorgement of profits for violations of article.  If a court determines that a person has violated this article, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the state general fund.  Unless otherwise expressly provided, the remedies or penalties provided by this article are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(f) Construction and severability. If a court of competent jurisdiction finds that the provisions of this article and section 44-7101 conflict and cannot be harmonized, then the provisions of section 44-7101 shall control.  If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article causes section 44-7101 to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this article shall not be valid.  If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article is for any reason held to be invalid, unlawful or unconstitutional, the decision shall not affect the validity of the remaining portions of this article or any part thereof.

(g) Tobacco sales data confidentiality.  All tobacco sales data provided to the attorney general or the department of revenue pursuant to the master settlement or agreements regarding disputes under the master settlement agreement shall be confidential and shall not be made public.  This subdivision does not apply to any data from tax reports or returns, or any other tax report, return or form filed with the department pursuant to title 42, chapter 3.
A.R.S. § 44-3271 — Arizona Code / Title 44 / Chapter 13 / Article 10 / Section 3271
44-3271 Petition for appointment of conservators and receivers
Status: in_force

44-3271. Petition for appointment of conservators and receivers

If an act, practice or transaction that constitutes a violation of section 44-3151 or article 9 of this chapter is alleged in a complaint filed by this state or an agency of this state, the commission may petition the superior court in Maricopa county for the appointment of a conservator to reorganize the affairs of, or a receiver to wind up the affairs of, the violator.  The commission may transmit any evidence it has available concerning the act, practice or transaction to the attorney general. On receipt of the evidence, the attorney general may petition the superior court in Maricopa county for the appointment of a conservator to reorganize the affairs of, or a receiver to wind up the affairs of, the violator. Process in these actions may be served on the defendant in any county in this state in which the defendant transacts business or is found.
A.R.S. § 44-7002 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7002
44-7002 Definitions
Status: in_force

44-7002. Definitions

In this chapter, unless the context otherwise requires:

1. "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures that are given the effect of agreements under laws otherwise applicable to a particular transaction.

2. "Automated transaction" means a transaction that is conducted or performed, in whole or in part, by electronic means or electronic records and in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation that is required by the transaction.

3. "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

4. "Contract" means the total legal obligation resulting from the parties' agreement as affected by this chapter and any other applicable law.

5. "Electronic" means relating to technology that has electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or similar capabilities.

6. "Electronic agent" means a computer program or an electronic or other automated means that is used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.

7. "Electronic record" means a record that is created, generated, sent, communicated, received or stored by electronic means.

8. "Electronic signature" means an electronic sound, symbol or process that is attached to or logically associated with a record and that is executed or adopted by an individual with the intent to sign the record.

9. "Governmental agency" means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the federal government or a state or of a county or municipality or other political subdivision of a state.

10. "Information" means data, text, images, sounds, codes, computer programs, software or databases or similar items.

11. "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.

12. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency or public corporation or any other legal or commercial entity.

13. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.

14. "Security procedure" means a procedure that is employed to verify that an electronic signature, record or performance is that of a specific person or to detect changes or errors in the information in an electronic record.  Security procedure includes a procedure that requires the use of algorithms or other codes, identifying words or numbers or encryption, callback or other acknowledgment procedures.

15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.  State includes an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by another state.

16. "State agency" means any department, commission, board, institution or other agency of the state that receives, expends or disburses state funds or incurs obligations of the state, including the Arizona board of regents but excluding the universities under the jurisdiction of the Arizona board of regents, the community college districts and the legislative or judicial branches.

17. "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs.
A.R.S. § 44-140 — Arizona Code / Title 44 / Chapter 1 / Article 3.1 / Section 140
44-140 Definitions
Status: in_force

44-140. Definitions

In this article, unless the context otherwise requires:

1. "Educational institution" means a university, college, community college, junior college, high school, technical, vocational or professional school, or similar institution, wherever located, approved or accredited for the purposes of this article by the state board of education.

2. "Educational loan" means a loan or other aid or assistance for the purpose of furthering the obligor's education at an educational institution.

3. "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
A.R.S. § 44-1306 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1306
44-1306 Department of environmental quality; rules; annual county report to the department
Status: in_force

44-1306. Department of environmental quality; rules; annual county report to the department

A. The department of environmental quality shall adopt and enforce rules to carry out the provisions of this article.

B. Each county shall report by September 30 of each year to the department of environmental quality the following for the preceding fiscal year and provide a summary for each waste tire collection site:

1. The number of eligible waste tires collected each month at each collection site with a list of registered tire dealers delivering the tires to each collection site and the number of tires from each dealer.

2. The number of tires collected each month at each collection site from sources other than registered tire dealers.

3. The number of tires transported out of each collection site.

4. The estimated number of tires remaining at each collection site at the end of the preceding fiscal year.

5. Summaries of all manifests tracking the incoming and outgoing waste tires at each collection site.

6. The amount of monies received and expended pursuant to the waste tire program.
A.R.S. § 44-1642 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1642
44-1642 Records of purchase; transaction limitations; age requirement for scrap metal seller; used catalytic converter retainment period; exception
Status: in_force

44-1642. Records of purchase; transaction limitations; age requirement for scrap metal seller; used catalytic converter retainment period; exception

A. Every scrap metal dealer shall keep on the business premises a book or other similar record legibly printed or written in ink, in the English language of each transaction involving the receipt of scrap metal. The record of each receipt of scrap metal shall include the following information:

1. The date, time and place of the transaction.

2. A photograph and an identifying description and weight of the specific scrap metal received.

3. The dollar amount of the transaction.

4. Except as otherwise provided in this paragraph, the seller's name, physical description including gender, height, weight, race and eye and hair color, physical address, date of birth and signature and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.  The scrap metal dealer must validate the recorded information by using the seller's current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.  This paragraph does not apply to a seller who is exclusively selling aluminum beverage containers.

5. The seller's transaction privilege tax number, if applicable.

6. The number and state of issuance of the license on the vehicle used to deliver the scrap metal.

7. A photograph, video record or digital record of the seller involved in the transaction.

8. A right index fingerprint of the seller.

B. The record and entries shall be retained in a book or similar record at the business premises for one year after making the final entry of any transaction and shall be retained either at the business premises or any other reasonably available location for an additional year.  A scrap metal dealer's business premises, business records relating to scrap metal transactions, including a book or similar record prescribed by this section, and business inventory shall be open during regular business hours for reasonable inspection by a peace officer.  Before an inspection shall take place, a peace officer shall first identify himself and the purpose for the inspection to the scrap metal dealer, dealer's manager or other responsible person and comply with all reasonable and customary safety requirements of that scrap metal dealer for the business premises inspected. The scrap metal dealer may require the peace officer to sign an inspection log that includes the officer's name and serial or badge number and the time, the date and the purpose for the inspection.

C. A scrap metal dealer shall not provide payment for any scrap metal on site at the time of the scrap metal transaction. Payment shall be made by mailing a check or money order to a physical address provided by the seller through a current driver license or other identification prescribed in subsection A, paragraph 4 of this section. The check or money order shall be made payable to the business name for an industrial account. This subsection:

1. Except as provided in paragraphs 2, 3 and 4 of this subsection, applies only to industrial accounts, copper and aluminum wire with a diameter of at least three-eighths of an inch.

2. Except as provided in paragraph 3 or 4 of this subsection, applies to all scrap metal transactions of $300 or more.

3. Does not apply to industrial accounts if the industrial accounts annually preregister employees who are authorized sellers on behalf of the industrial accounts.

4. Applies to all transactions involving air conditioner cooling coils, including industrial accounts, except that for these transactions a scrap metal dealer may give a seller on site a check made payable to an industrial account.

D. A scrap metal dealer shall provide a receipt to the seller on site at the time of the scrap metal transaction, for every transaction, and shall include the following information:

1. The date, time and place of the transaction.

2. An identifying description and weight of the specific scrap metal received.

3. The dollar amount of the transaction.

E. A scrap metal seller may not conduct a series of transactions for one vehicle load of scrap metal to avoid the requirements of this section.

F. A scrap metal seller shall not participate in more than one cash transaction per day for scrap metal.

G. A scrap metal seller shall be at least sixteen years of age.

H. If a scrap metal dealer purchases a used catalytic converter or any nonferrous parts of a catalytic converter, the scrap metal dealer shall retain the used catalytic converter or the nonferrous parts of the catalytic converter in their original form for at least seven days after the original purchase date at the scrap metal dealer's place of business.

I. This section does not apply to transactions involving materials consisting of a metal product in its original manufactured form that is composed of not more than twenty percent by weight of nonferrous metal.
A.R.S. § 44-1372.03 — Arizona Code / Title 44 / Chapter 9 / Article 16 / Section 1372.03
44-1372.03 Court proceedings; secrecy
Status: in_force

44-1372.03. Court proceedings; secrecy

At the request of any party to an action brought pursuant to this section, the court may conduct all legal proceedings in a manner to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or similar act by another person and to protect any trade secrets of any party.
A.R.S. § 44-1372.02 — Arizona Code / Title 44 / Chapter 9 / Article 16 / Section 1372.02
44-1372.02 Damages
Status: in_force

44-1372.02. Damages

A. A person whose property or person is injured because of a violation of this article may recover for any damages sustained, including loss of profits, and the costs incurred from the suit.

B. If an injury results from the intentional transmission of unsolicited commercial electronic mail, the injured person may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is less.  This subsection does not apply to an electronic mail service provider.

C. Nothing in this article creates a cause of action or a right to bring an action against the electronic mail service provider for transmitting unsolicited commercial electronic mail over the computer network.

D. If an injury results from the intentional transmission of unsolicited commercial electronic mail, an injured electronic mail service provider may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is greater.
A.R.S. § 44-1629 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1629
44-1629 Fees; penalty
Status: in_force

44-1629. Fees; penalty

A. A person applying for a new pawnbroker license shall pay an application fee of one thousand dollars to the sheriff of the county in which the pawnbroker is to be licensed.

B. Each licensed pawnbroker shall pay a renewal fee of five hundred dollars annually to the sheriff of the county in which the pawnbroker is licensed.  The annual renewal fee is due not later than January 31.

C. A licensee who fails to renew his license within thirty days after the payment of the license fee is due is subject to a penalty of ten per cent of the license fee which is payable with the license fee.
A.R.S. § 44-6002 — Arizona Code / Title 44 / Chapter 17 / Article 1 / Section 6002
44-6002 Retail installment contracts; retail charge account agreements; definitions
Status: in_force

44-6002. Retail installment contracts; retail charge account agreements; definitions

A. Under a retail installment contract, other than a retail charge account agreement, a finance charge not to exceed a rate set by contract may be charged and received. The finance charge may be computed either at the single annual percentage rate using the actuarial method or it may be precomputed on the assumption that all payments will be made in the amount and on the dates scheduled. If the finance charge is precomputed, the fact that payments are made either before or after the date due does not affect the amount of finance charge which the seller or holder may charge or receive. If such precomputed contract balance is prepaid in full by cash, a new loan, refinancing or otherwise, the seller or holder shall charge only for the finance charge which has been earned and unpaid late or delinquency charges as of the date of prepayment and the buyer shall receive a rebate of that portion of the precomputed finance charge which is the difference between the total precomputed finance charges and the charges at the contract finance charge rate computed on the unpaid principal balance based on the number of days or months to maturity based on either a thirty day month - three hundred sixty day year or daily three hundred sixty-five or three hundred sixty-six day year on the number of days remaining to maturity. The amount of such rebate shall not be computed pursuant to the method commonly known as the "rule of 78's". To simplify the calculation of earned finance charge, it is permissible to assume that all payments were made as originally scheduled or as otherwise mutually agreed.

B. It is permissible to calculate the finance charge on an annual basis of twelve months of thirty days each, or on a daily basis if a day is counted either as 1/360th, 1/365th, or 1/366th of a year, as the purchaser and seller or holder may agree by writing. The seller or holder may also charge a late payment or delinquency charge, in addition to all finance charges permitted, on each installment not paid in full upon the tenth day after its due date in an amount not to exceed five dollars on an installment of twenty-five dollars or less and ten dollars on an installment greater than twenty-five dollars.

C. A retail installment contract which otherwise conforms to the requirements of this chapter may contain provisions which relate to additional goods and services authorizing any of the following:

1. The seller may add subsequent purchases made by the buyer to the contract.

2. The total price of the goods or services covered by the contract may be increased by the price of such additional goods or services.

3. The seller may increase proportionately all finance charges and installment payments.

4. All terms and conditions of the contract may apply equally to such additional goods or services.

5. The contract may provide for a consolidation of subsequent purchases with one or more of the previous contracts or may provide for a series of sales transactions made pursuant to an agreement providing for the addition of the principal balance, plus the finance charge for the current sale, to an existing balance.

6. The goods purchased under the previous contract or contracts may be security for the goods purchased under the subsequent contract, but only until such time as the total of payments under the previous contract or contracts is fully paid.

D. Under a retail charge account agreement a rate of finance charge not to exceed the maximum rate set by contract may be charged and received on an amount not in excess of the greatest of any of the following:

1. The average daily balance in the account in the billing cycle period.

2. The balance in the account at the beginning of the billing cycle period, after first deducting payments and credits received during the billing cycle period.

3. The median amount within a ten dollar range in which the balance as computed under paragraph 1 or 2 of this subsection falls if the seller applies the same finance charge to all such balances within such range.

E. As used in this section, month need not be a calendar month but may, instead, be a regular billing cycle period. If the finance charge for the billing cycle period is less than fifty cents, a minimum finance charge not in excess of fifty cents may be charged for the period.

F. The seller or holder may also charge a late payment or delinquency charge, in addition to all finance charges permitted, on each installment not paid in full upon the tenth day after its due date in an amount not to exceed five dollars on an installment of twenty-five dollars or less and ten dollars on an installment greater than twenty-five dollars. As an alternative, if a seller or holder does not charge, collect or receive a finance charge as permitted in this chapter, he is entitled to charge, collect and receive a delinquency charge determined by applying any rate of interest to the delinquent balance if such interest charge is provided for in the retail charge account agreement.

G. Notwithstanding the late payment or delinquency charge provided in subsection B or F, in a commercial transaction, the seller or holder may charge a late payment or delinquency charge, in addition to all finance charges permitted, on each installment not paid in full upon the tenth day after its due date in an amount of not more than five per cent of the unpaid balance of the installment.

H. A seller or holder who receives a check, draft, negotiable order of withdrawal or similar instrument which is drawn on a bank or other depository institution and which is offered by a buyer in payment of an installment may, if the instrument is not paid or is dishonored by the institution, charge and collect from the buyer a bad check charge in the amount of either ten dollars or the actual charge made to the seller or holder by the depository institution for the return of the unpaid or dishonored instrument, whichever is greater.

I. A retail charge account agreement may also provide for the payment of court costs and for reasonable attorneys' fees if it is referred for collection to an attorney other than a salaried employee of the holder of the retail charge account agreement.

J. In this section:

1. "Actuarial method" means the method of allocating payments made on a debt between the unpaid principal balance and the finance charge pursuant to which a payment is applied first to the finance charge due and any remainder is subtracted from the unpaid principal balance.

2. "Commercial transaction" means a transaction in which the goods or services are intended by the borrower for use primarily for other than personal, family or household purposes.
A.R.S. § 44-403 — Arizona Code / Title 44 / Chapter 4 / Article 1 / Section 403
44-403 Damages
Status: in_force

44-403. Damages

A. Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

B. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection A.
A.R.S. § 44-1799.08 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.08
44-1799.08 Civil penalties; enforcement actions
Status: in_force

44-1799.08. Civil penalties; enforcement actions

A. Except as provided in subsection B or C of this section, a pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation.

B. In an action brought by a city, town or county to enforce an ordinance against a pet store or pet dealer who knowingly obtains a dog or cat for sale or resale in violation of section 44-1799.10, subsection A or B or who should have known the dog or cat was obtained for sale or resale in violation of section 44-1799.10, subsection A or B, the pet store or pet dealer is subject to the following penalties:

1. For a first violation, a civil penalty of not more than one thousand dollars per violation.

2. For a second violation within a five-year period, a civil penalty of not more than two thousand five hundred dollars per violation.

3. For a third or subsequent violation within a five-year period:

(a) A civil penalty of not more than five thousand dollars per violation.

(b) An order entered by the court enjoining the pet store or pet dealer from selling or offering for sale, for up to three years, a dog or cat obtained from any person other than a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.

C. In an action brought to enforce section 44-1799.10, subsection A or B:

1. A violation is a subsequent violation if it occurs within a five-year period after a final judgment or order that the pet store or pet dealer knowingly violated section 44-1799.10, subsection A or B or should have known of the violation.

2. In addition to any other defense that may be raised, a pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in section 44-1799.10, subsection A if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.

3. Each order placed by a pet store or pet dealer to obtain a dog or cat for sale or resale shall be considered a single act, regardless of the number of dogs or cats obtained in the order.

D. This section does not prohibit prosecution for criminal violations.
A.R.S. § 44-1002 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1002
44-1002 Insolvency
Status: in_force

44-1002. Insolvency

A. A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.

B. A debtor who is generally not paying his debts as they become due is presumed to be insolvent.

C. A partnership is insolvent under subsection A if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.

D. Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.

E. Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

F. Debts under this section include the full amount of the debtor's potential liability under contracts of guarantee and surety. The assets of the debtor shall include a fair valuation of the rights of the debtor in connection with the contracts under indemnity or similar agreements and under equitable principles, including contribution and subrogation.
A.R.S. § 44-1412 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1412
44-1412 Uniformity
Status: in_force

44-1412. Uniformity

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states that enact it. It is the intent of the legislature that in construing this article, the courts may use as a guide interpretations given by the federal courts to comparable federal antitrust statutes.
A.R.S. § 44-1623 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1623
44-1623 Sale of pledged goods
Status: in_force

44-1623. Sale of pledged goods

A. A pawnbroker shall not sell any items pledged to him as security for a pawn transaction until at least the day after the maturity date.

B. All of a pledgor's right, title and interest in the pledged goods shall pass by operation of law to the pawnbroker, without recourse, on the day after the maturity date.
A.R.S. § 44-1273 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1273
44-1273 Limited exemptions
Status: in_force

44-1273. Limited exemptions

A. The following sellers are not required to register and, except for section 44-1278, subsection B and section 44-1282, are exempt from this article:

1. A person acting within the scope of a license issued under title 20.

2. A person who is either a:

(a) Charitable organization as defined in section 44-6551, this state or any county or municipality of this state or its agencies.

(b) Political party, candidate for federal, state or local office or campaign committee required to file financial information with federal, state or local election agencies.

3. A person making telephone solicitations without the intent to complete and who does not complete the sales presentation during the telephone solicitation but completes the sales presentation at a later face-to-face meeting between the solicitor and the consumer provided that the later face-to-face meeting is not for the purpose of collecting the payment or delivering any item purchased.

4. A person who after making a telephone contact with a consumer sends the consumer descriptive literature and does not require payment before the consumer's review of the descriptive literature and the person is not conducting a solicitation involving any of the following:

(a) The sale of an investment or an opportunity for an investment that is not registered with any state or federal authority.

(b) A prize promotion or premium.

(c) A recovery service.

(d) A business opportunity or merchandise related to a business opportunity.

5. A person or solicitor for a person who operates a retail business establishment under the same name as the name used in the solicitation of sales by telephone, if on a continuing basis all of the following apply:

(a) Merchandise is displayed and offered for sale or services are offered for sale and provided at the person's business establishment.

(b) At least fifty percent of the person's business involves the buyer obtaining the merchandise at the person's business establishment.

(c) The person holds a transaction privilege tax license pursuant to title 42, chapter 5.

6. A person or solicitor for a person soliciting another business if all of the following apply:

(a) At least fifty percent of the person's dollar volume consists of repeat sales to existing businesses.

(b) The person does not conduct a prize promotion that requires or implies that to win a consumer must pay money or purchase merchandise.

(c) The person has not, or any of the person's principals have not, within twenty years been convicted in any state of a felony or crime of moral turpitude, breach of trust, fraud, theft, dishonesty or violation of telephone solicitation laws, been subject to a final judgment in a civil action involving fraud, deceit or misrepresentation or been subject to an administrative order involving fraud, deceit, misrepresentation or any violation of telephone solicitations laws of any agency of this state, another state, the federal government, a territory of the United States or another country.

(d) The person is not selling a business opportunity or merchandise related to a business opportunity.

7. A person or solicitor on behalf of a person who solicits sales by periodically publishing and delivering a catalog to consumers if all of the following apply:

(a) The catalog contains a written description or illustration of each item offered for sale and the price of each item offered for sale.

(b) The catalog includes the business address or home office address of the person.

(c) The catalog includes at least twenty-four pages of written material and illustrations.

(d) The catalog is distributed in more than one state and has an annual circulation by mail of at least two hundred fifty thousand.

B. The following sellers shall file a limited registration statement pursuant to section 44-1272.01 and, except for sections 44-1278 and 44-1282, are exempt from this article:

1. A person acting within the scope of a license issued under title 6 or 32 or by the corporation commission pursuant to this title, except persons licensed under title 6, chapter 13.

2. If soliciting within the scope of the license, any licensed securities, commodities or investments broker or dealer or investment advisor or any licensed associated person of a securities, commodities or investments broker or dealer or investment advisor.

3. An issuer or a subsidiary of an issuer that has a class of securities that is subject to section 12 of the securities exchange act of 1934 (15 United States Code sections 78a through 78mm) and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) or subsection (g)(2) of section 12 of the act. A subsidiary of an issuer that qualifies for exemption under this paragraph is not exempt unless at least sixty percent of the voting power of the subsidiary's shares is owned by the qualifying issuer or issuers.

4. A person certificated or regulated by the corporation commission pursuant to title 40, chapter 2 or a subsidiary of that person or a federal communications commission licensed cellular telephone company or radio telecommunication services provider.

5. A person making telephone solicitations for a newspaper of general circulation, a magazine or a licensed cable television system or video service provider.

6. An issuer or subsidiary of an issuer that is subject to registration under chapter 12, article 6 or 7 of this title or that is exempt from registration under section 44-1843, subsection A, paragraph 1, 2, 3, 4, 5, 7 or 9.

7. A person making telephone solicitations for the sale or purchase of books, recordings, videocassettes and similar goods through a membership group or club regulated by the federal trade commission or through a contractual plan or arrangement such as a continuity plan, subscription arrangement, series arrangement or single purchase under which the seller ships goods to a consumer who has consented in advance to receive those goods and the recipient is given the opportunity to review goods for at least seven days and to receive a full refund for return of undamaged goods.

8. A person or solicitor for a person when soliciting previous customers, if all of the following apply:

(a) The person is not offering to sell or selling a security that is not registered with any state or federal authority.

(b) The person makes the solicitation under the same name as the name used to sell merchandise to the customer previously.

(c) The person does not operate a recovery service.

(d) The person does not conduct a prize promotion that requires a consumer to, or implies that to win a consumer must, pay money or purchase merchandise.

(e) The person has not, or any of its principals have not, within twenty years been convicted in any state of a felony or a crime of moral turpitude, breach of trust, fraud, theft, dishonesty or a violation of telephone solicitation laws, been subject to a final judgment in a civil action involving fraud, deceit or misrepresentation or been subject to an administrative order involving fraud, deceit, misrepresentation or any violation of telephone solicitation laws of any agency of this state, another state, the federal government, a territory of the United States or another country.

9. A person making telephone solicitations exclusively for the purpose of the sale of telephone answering services to be provided by that person or that person's employer.

10. Any bank holding company, bank, financial institution, trust company, savings and loan association, credit union, mortgage banker or broker, consumer lender or insurer that is licensed or supervised by an official or agency of this state, any other state or the United States, including any parent, subsidiary or affiliate of these institutions.

11. A person providing telemarketing sales service continuously for at least five years under the same ownership and control that derives seventy-five percent of its gross telemarketing sales revenues from contracts with persons exempted by this section. A seller using an exempt telemarketing sales service is not exempt unless otherwise qualifying for an exemption under this section.

C. On request by the secretary of state, the director of the department of insurance and financial institutions shall provide a current list in a mutually acceptable electronic format to the secretary of state of the requested licensees described in subsection A, paragraph 1 of this section that includes all of the following information:

1. The true legal name of the seller.

2. All of the names under which the seller is doing business or intends to do business.

3. The complete street address of the physical location of the principal place of business of the seller and the telephone number for the location.

4. The name and address of the seller's agent who is authorized to receive service of process in this state.

D. In any civil proceeding alleging a violation of this article, the burden of proving an exemption or an exception from a definition is on the person claiming the exemption or exception. In any criminal proceeding in which a violation of this article is alleged, the burden of producing evidence to support a defense based on an exemption or an exception from a definition is on the person claiming the exemption or exception.

E. Any person or solicitor exempted in part from this article by this section shall not make or submit a charge to a consumer's credit card account or a consumer's checking, savings, share or similar account unless any of the following applies:

1. The person provides that the consumer may receive a full refund for the return of undamaged and unused goods or a cancellation of services by providing notice to the person within seven days after the date that the consumer receives the merchandise and the person processes:

(a) A full refund within thirty days after the date that the person receives the returned merchandise from the consumer.

(b) A full refund within thirty days after the purchaser of services cancels an order for the services or a pro rata refund for any services not yet performed for the consumer.

2. The person provides the consumer with a signed copy of a written contract that includes the person's name, address and business telephone number and that fully describes the merchandise offered by the person, the total price to be charged by the person and any terms or conditions affecting the sale.

3. The person is either a:

(a) Charitable organization as defined in section 44-6551, this state or any county or municipality of this state or its agencies.

(b) Political party, candidate for federal, state or local office or campaign committee required to file financial information with federal, state or local election agencies.
A.R.S. § 44-1422 — Arizona Code / Title 44 / Chapter 10 / Article 2 / Section 1422
44-1422 Bad faith patent infringement claims; prohibited
Status: in_force

44-1422. Bad faith patent infringement claims; prohibited

A. A person may not make an assertion of patent infringement in bad faith.  A court may consider the following nonexclusive factors as evidence that a person has made an assertion of patent infringement in bad faith:

1. The demand does not contain all of the following:

(a) The patent number issued by the United States patent and trademark office or foreign agency.

(b) The name and address of the patent owner or assignee, if any.

(c) Facts relating to the specific areas in which the target's product, service or technology infringes the patent or is covered by the claims in the patent.

(d) An explanation of why the person making the assertion has standing, if the assignment system of the United States patent and trademark office does not identify the person asserting the patent infringement as the owner.

2. The target requested the information described in paragraph 1 of this subsection and the person failed to provide the information within a reasonable time.

3. Before making a demand, the person did not conduct an analysis comparing the claims in the patent to the target's product, service or technology or the analysis was conducted but does not identify specific areas in which the product, service or technology is covered by the claims in the patent.

4. The demand requested a response or payment of a licensing fee within an unreasonably short period of time.

5. The person making the assertion of patent infringement knew or should have known that the assertion is without merit.

6. The assertion of patent infringement contains false, misleading or deceptive information.

7. The person or a subsidiary or an affiliate of the person has previously filed or threatened to file one or more lawsuits based on the same or substantially equivalent assertion of patent infringement and a court found the person's assertion of patent infringement to be without merit.

8. Any other factor that the court determines to be relevant.

B. A court may consider the following factors as evidence that a person has made an assertion of patent infringement in good faith:

1. If the demand does not contain the information prescribed in subsection A, paragraph 2 of this section, the person provides the information to the target within a reasonable period of time after the target requests the information.

2. The person has done all of the following:

(a) Engaged in a reasonable analysis to establish a reasonable, good faith basis for believing the target has infringed the patent.

(b) Attempted to negotiate an appropriate remedy in a reasonable manner.

(c) Either:

(i) Demonstrated reasonable business practices in previous efforts to enforce the patent.

(ii) Successfully enforced the patent, or a substantially similar patent, through litigation.

3. The person has made a substantial investment in the use of the patent or in the production or sale of a product covered by the patent.

4. The person is either of the following:

(a) An inventor of the patent or an original assignee.

(b) An institution of higher education or a technology transfer organization affiliated with an institution of higher education.

5. Any other factor that the court determines to be relevant.

C. Unless done in bad faith, this section may not be construed to deem it an unfair or a deceptive trade practice for any person who owns or has the right to license or enforce a patent to do any of the following:

1. Advise others of that ownership or right of license or enforcement.

2. Communicate to others that the patent is available for license or sale.

3. Notify another of the infringement of that patent pursuant to 35 United States Code section 287.

4. Seek compensation for a past or present infringement, or license to the patent, if it is reasonable to believe that the person from whom compensation is sought may owe the compensation or may need or want a license to practice the patent.
A.R.S. § 44-1654 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1654
44-1654 Telegraph or telephone company permitting use of instrument in bucket shop; classification
Status: in_force

44-1654. Telegraph or telephone company permitting use of instrument in bucket shop; classification

A telegraph or telephone company or any agent thereof which knowingly permits a telegraph or telephone wire or instrument to remain in a bucket shop or knowingly permits the wires, instruments or equipment of the telegraph or telephone company to be used by a person operating a bucket shop, whether or not such equipment or instruments are leased by the person illegally using them, is guilty of a petty offense. Each day shall constitute a separate offense.
A.R.S. § 44-1947 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1947
44-1947 Register of dealers and salesmen; recording registration and orders; transfer or expiration of registration
Status: in_force

44-1947. Register of dealers and salesmen; recording registration and orders; transfer or expiration of registration

A. The names and addresses of all persons who have been registered as dealers or salesmen, and all orders with respect thereto, shall be recorded in a register of dealers and salesmen in the office of the director.

B. The registration of a dealer who deals exclusively in securities of which the dealer is the issuer shall expire one year from the effective date of registration. All other registrations expire on December 31 of each calendar year unless renewed before expiration.

C. A salesman may transfer the salesman's registration to a registered dealer by filing a completed application for registration and remitting a transfer fee to the commission.  The commission may transfer the registration of a registered salesman in accordance with the terms of a temporary agent transfer program utilized by the CRD system.

D. The expiration provisions described in subsection B of this section do not affect the right of the commission to suspend or revoke the registration of a dealer or salesman.
A.R.S. § 44-1744 — Arizona Code / Title 44 / Chapter 11 / Article 10 / Section 1744
44-1744 Contract; additional provisions required
Status: in_force

44-1744. Contract; additional provisions required

Every contract for dance studio lessons and other services shall provide:

1. That the lessons will begin within thirty days.

2. That a contract with respect to new or increased dance studio lessons and other services, which are not subject to prior agreements between the parties, may be canceled within fifteen days after the date of receipt by the customer of a copy of the contract by written notice to the other party by registered mail return receipt requested at the address specified in the contract. All moneys paid pursuant to such contract shall be refunded within ten days of receipt of the notice of cancellation except that payment shall be made for any dance studio lessons and other services received prior to such cancellation.

3. A written statement of the hourly rate for the lessons and other services.

4. A conspicuous notice as follows:

"Notice to Customer

Do not sign this contract if any of the spaces intended for the agreed terms to the extent of then available information are left blank. You are entitled to a copy of this contract at the time you sign it.

You may cancel this contract within fifteen days of the time you receive a copy by written notice to the dance studio by registered mail return receipt requested at the address specified in the contract.

If you cancel the contract in the fifteen-day period, you are entitled to a refund of your money less payment for dance lessons or services received before cancellation. Refunds must be made within ten days, not including Sundays and holidays of receipt of the cancellation notice by the studio."
A.R.S. § 44-1897 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1897
44-1897 Amendment or withdrawal of application, prospectus or other documents
Status: in_force

44-1897. Amendment or withdrawal of application, prospectus or other documents

In the absence of proceedings under section 44-1901 or article 8 of this chapter for denial, suspension or revocation of the registration of the securities, or with the consent of the commission after the institution of such proceedings, an applicant may at any time amend or withdraw an application for registration, prospectus, financial statement or other exhibit filed with the commission. Any document withdrawn shall be marked as withdrawn but retained among the records of the commission.
A.R.S. § 44-1372.04 — Arizona Code / Title 44 / Chapter 9 / Article 16 / Section 1372.04
44-1372.04 Applicability
Status: in_force

44-1372.04. Applicability

A. This article does not apply to electronic mail messages if any of the following applies:

1. The sender is an organization using electronic mail to communicate exclusively with either of the following:

(a) Members of the organization.

(b) Employees or contractors of the organization, or both.

2. The sender has the consent of the recipient.

3. The sender has an established business relationship with the recipient.

4. The commercial electronic mail message is the result of an error.

5. An interactive computer service provider has attached an advertisement to the message in exchange for use of an electronic mail account or if the sender has agreed to the arrangement.

B. This article does not apply to an electronic mail service provider if either of the following apply:

1. The electronic mail service provider is an intermediary between the sender and the recipient in the transmission of electronic mail.

2. The electronic mail service provider transmits unsolicited commercial electronic mail over the provider's computer network or facilities.

C. An electronic mail service provider may establish and enforce a policy to block the receipt or transmission through its service of any commercial electronic mail that it believes is or will be sent in violation of this article.
A.R.S. § 44-1042 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1042
44-1042 Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor
Status: in_force

44-1042. Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor

A. No assignment shall be declared fraudulent or void for lack of an inventory or list as required under the provisions of this article, but if such list and inventory are not annexed and verified as provided in section 44-1033, it is prima facie evidence that the assignor has secreted and concealed some portion of his property from his assignee, unless, upon the demand of the assignee or a creditor, the verified inventory and list are furnished to the assignee.

B. If an assignee or creditor has reason to believe that a debtor has concealed any of his property or estate for the purpose of defrauding creditors, the superior court shall, upon application of the assignee or creditor, cause the debtor to appear before it and disclose under oath any knowledge or information he has of such concealment.
A.R.S. § 44-1266 — Arizona Code / Title 44 / Chapter 9 / Article 5 / Section 1266
44-1266 Notice to dealers and prospective purchasers
Status: in_force

44-1266. Notice to dealers and prospective purchasers

A. A manufacturer who has been ordered by judgment or decree to replace or repurchase or who has replaced or repurchased a motor vehicle pursuant to this article or the repair or replace laws of another state shall, before offering the motor vehicle for resale, attach to the motor vehicle written notification indicating the motor vehicle has been replaced or repurchased. A consumer has a cause of action against any person who removes the written notification from the motor vehicle, except as provided in subsection B of this section.

B. A motor vehicle dealer, broker, wholesale motor vehicle dealer or wholesale motor vehicle auction dealer as defined in section 28-4301 who offers for sale a motor vehicle that has been replaced or repurchased pursuant to this article or the repair or replace laws of another state shall provide the purchaser with the manufacturer's written notification indicating that the motor vehicle has been replaced or repurchased before completion of the sale.

C. It shall constitute an affirmative defense in an action brought pursuant to subsection A of this section against a motor vehicle dealer or an agent of a motor vehicle dealer that the notification described in subsection A of this section was removed by someone other than the dealer or agent without the knowledge of the dealer or agent.
A.R.S. § 44-144 — Arizona Code / Title 44 / Chapter 1 / Article 4 / Section 144
44-144 Effect of assignment of chose in action upon defenses existing at time of assignment; exceptions
Status: in_force

44-144. Effect of assignment of chose in action upon defenses existing at time of assignment; exceptions

An assignment of a chose in action shall not prejudice any set-off or other defense existing at the time of the notice of the assignment. This section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration before due except as provided in section 44-145.
A.R.S. § 44-312 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 312
44-312 Public sale of abandoned property; prohibition
Status: in_force

44-312. Public sale of abandoned property; prohibition

A. Except as otherwise provided in this section, within three years after receiving abandoned property the department shall sell the property to the highest bidder at a public sale at a location in this state that in the judgment of the department affords the most favorable market for the property. The department may decline the highest bid and reoffer the property for sale if the department considers the bid to be insufficient.  The department is not required to offer the property for sale if the department determines that the probable cost of the sale will exceed the proceeds from the sale. Before conducting a sale pursuant to this section, the department shall cause a notice to be published at least three weeks before the sale in a newspaper of general circulation in the county in which the sale will occur.

B. The department shall sell securities that are listed on an established stock exchange at prices prevailing on the exchange at the time of the sale. The department may sell other securities over the counter at prices prevailing at the time of the sale or by any reasonable method selected by the department.

C. The department shall sell digital assets that are listed on an established digital asset exchange at prices prevailing on the exchange at the time of the sale. The department may not sell a digital asset listed on an established stock or a digital asset exchange for less than the prevailing price that is listed on the exchange at the time of sale. The department may sell a digital asset that is not listed on an established exchange by any commercially reasonable method.

D. A person who makes a claim pursuant to this chapter for securities is entitled to receive from the department the securities that the holder delivered to the department if the securities remain in the department's custody or the person is entitled to receive the net proceeds of the sale.  Except in a case of intentional misconduct or malfeasance by the department, the person is not entitled to receive any appreciation in the value of the property that occurred after the delivery to the department.

E. A purchaser of property at a sale conducted by the department pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under the owner or previous holder. The department shall execute all documents necessary to complete the transfer of ownership.
A.R.S. § 44-1761 — Arizona Code / Title 44 / Chapter 11 / Article 11 / Section 1761
44-1761 Definitions
Status: in_force

44-1761. Definitions

In this article, unless the context otherwise requires:

1. "Collector" means a component of a solar energy device that is used to absorb solar radiation, convert it to heat or electricity and transfer the heat to a heat transfer fluid or to storage.

2. "Distributed energy generation system":

(a) Means a device or system that is used to generate or store electricity, that has an electric delivery capacity, singly or in connection with other similar devices or systems, greater than one kilowatt or one kilowatt-hour, and that is primarily for on-site energy consumption.

(b) Does not include an electric generator that is intended for occasional use.

3. "Energize" or "energized" means that the distributed energy generation system is installed and operational for its intended purposes of generating or storing electricity.

4. "Heat exchanger" means a component of a solar energy device that is used to transfer heat from one fluid to another.

5. "Interconnected" or "interconnection" means a distributed energy generation system that is connected to the power grid and that is able to transfer electricity to the power grid.

6. "Seller or marketer" means an individual or a company acting through its officers, employees or agents that markets, sells or solicits the sale, financing or lease of distributed energy generation systems or negotiates or enters into agreements for the sale, financing or lease of distributed energy generation systems.

7. "Solar daylighting" means a device that is specifically designed to capture and redirect the visible portion of the solar beam spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.

8. "Solar energy device":

(a) Means a system or series of mechanisms that is designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Passive systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window.

(b) Includes a distributed energy generation system.