reglab/housing_qa huggingface dataset:
AR Code § 4-28-307 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 3 - Merger or Consolidation of Nonprofit Corporations|§ 4-28-307. Domestic corporations — Effect of merger or consolidation

 When the merger or consolidation of domestic corporations has been effected:   (1) The several corporations parties to the plan of merger or consolidation shall be a single corporation, which in the case of a merger shall be that corporation designated in the plan of merger as the surviving corporation and, in the case of consolidation, shall be the new corporation provided for in the plan of consolidation;  (2) Subject to § 4-28-308, the separate existence of all corporations party to the plan of merger or consolidation, except the surviving or new corporation, shall cease;  (3) The surviving or new corporation shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a corporation organized under the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq.;  (4) The surviving or new corporation shall possess all the rights, privileges, immunities, and franchises, of a public as well as of a private nature, of each of the merging or consolidating corporations;  (5) All real, personal, and mixed property, all debts due on whatever account, all other choses in action, and all and every other interest of or belonging to or due to each of the corporations so merged or consolidated shall be taken and deemed to be transferred to and vested in the single corporation without further act or deed;  (6) The surviving or new corporation shall thenceforth be responsible and liable for all the liabilities and obligations of each of the corporations so merged or consolidated, and any claim existing or action or proceeding pending by or against any of the corporations may be prosecuted as if the merger or consolidation had not taken place or the surviving or new corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such corporations shall be impaired by merger or consolidation; and  (7) In the case of a merger, the articles of incorporation of the surviving corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger, and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or are permitted to be set forth in the articles of incorporation of corporations organized under the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., shall be deemed to be the articles of incorporation of the new corporation.
AR Code § 4-28-309 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 3 - Merger or Consolidation of Nonprofit Corporations|§ 4-28-309. Continuation of prior corporate existence for limited purpose

 (a) The corporate existence of each constituent corporation which has been dissolved through merger or consolidation shall be continued indefinitely for the limited purpose of enabling the constituent corporation to execute through its own officers formal deeds, conveyances, assignments, and other instruments evidencing the transfer from the constituent to the surviving corporation, or new corporation created by consolidation, of any or all real and personal properties which have passed from the constituent to the surviving or consolidated corporation by operation of law.  (b) The execution of the instruments shall not be essential to effect the transfer of title from the constituent to the surviving or consolidated corporation, inasmuch as the transfer will take effect through operation of law, but the power to execute such instruments is given to the end that it may be exercised:  (1) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and  (2) In any other situation where the directors of the surviving or consolidated corporation consider the execution of the instruments desirable.
AR Code § 4-28-402 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-402. Registration of charitable organizations prior to solicitation

 (a)  (1) A charitable organization, in or out of the state, shall not solicit contributions from persons in this state by any means whatsoever until the charitable organization has:  (A) Registered; and  (B) Provided certain information concerning the charitable organization and its solicitation activity, as required by this subchapter, on forms to be provided by the Secretary of State, and has filed the information with the Secretary of State.    (2) The information so filed shall be available to the general public as a matter of public record, except and to the extent the records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.    (b) The information required under subdivision (a)(1)(B) of this section shall be submitted in writing, sworn to under oath, and provided on a registration form provided by the Secretary of State, to include without limitation:  (1) The identity of the charitable organization by or for whom the solicitation is to be conducted, including without limitation:  (A) The federal Taxpayer Identification Number;  (B) Fictitious names or aliases under which the charitable organization operates;  (C) Program names under which the charitable organization solicits; and  (D) All chapters, branches, or affiliates that will operate, if any, under the registration of the parent charitable organization;    (2) The mailing address and physical address of the charitable organization;  (3) The charitable purpose of the charitable organization;  (4) The individual or officer who will have custody of the contributions;  (5) The individuals responsible for the distribution of the contributions;  (6) The period of time during which the solicitation or promotion is to be conducted;  (7) A description of the method or methods of solicitation or promotion, in such detail as may from time to time be determined by the Secretary of State;  (8) Whether any solicitation or promotion is to be conducted by voluntary unpaid solicitors, by paid solicitors, or both;  (9) If in whole or in part by paid solicitors:  (A) The name and address of each paid solicitor;  (B) The basis of payment;  (C) The nature of the arrangement; and  (D) A copy of the contract for services; and    (10) A copy of the appropriate Internal Revenue Service tax-exempt status form.    (c) A chapter, branch, or affiliate in this state of a registered parent charitable organization is not required to register provided the parent charitable organization files a consolidated financial report or tax information form for itself and the chapter, branch, or affiliate.
AR Code § 4-28-403 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-403. Annual financial reports and fiscal records

 (a)  (1)  (A) Each charitable organization subject to this subchapter shall file with the Secretary of State an annual financial report on forms prescribed by the Secretary of State no later than one hundred eighty (180) days after the last date of the charitable organization's fiscal year.  (B) The annual financial report described in subdivision (a)(1)(A) of this section shall be accompanied by a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the previous reporting year, except any schedules of contributors to the organization.    (2) A charitable organization which maintains its books on other than a calendar-year basis, upon application to the Secretary of State, may be permitted to file the annual financial report described in subdivision (a)(1)(A) of this section with its tax or information returns referred to in subdivision (a)(1)(B) of this section within six (6) months after the close of its fiscal year.    (b)  (1) A charitable organization with gross revenue in excess of five hundred thousand dollars ($500,000) in any fiscal year it is registered shall include with its submission of the annual financial report and tax records referred to in subdivision (a)(1) of this section an audit report of a certified public accountant.  (2) For purposes of this section, “gross revenue” does not include grants or fees from government agencies.    (c) Charitable organizations that are required to register with the Secretary of State but are not required to file an information or tax return with the Internal Revenue Service should submit in lieu of the information or tax return an annual report on forms to be provided by the Secretary of State.  (d) The Secretary of State may grant an extension of time not to exceed six (6) months for the filing of the tax records and other reports required by this section upon the charitable organization's filing a notice that states the need for an extension.  (e)  (1) Every charitable organization subject to the provisions of this subchapter shall keep a full and true record in such form as will enable the charitable organization accurately to provide the information required by this subchapter.  (2) All the records shall be open to inspection and copying at all times by the Secretary of State and the Attorney General.  (3) The charitable organization shall retain records for at least five (5) years after the end of the fiscal year to which they relate.  (4)  (A) Any donor lists obtained under this subsection are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., without a court order authorizing the disclosure.  (B) However, donor lists and other records obtained under this subsection may be disclosed to other law enforcement agencies.
AR Code § 4-28-404 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-404. Charitable organizations exempted from registration and financial disclosure requirements

 The following charitable organizations are not subject to the reporting requirement under §§ 4-28-403 and 4-28-405, provided each organization shall submit an application for a reporting exemption to the Secretary of State, on forms prescribed by the Secretary of State, together with any information as the Secretary of State may require to substantiate a reporting exemption under this section:   (1) Religious organizations, i.e., any bona fide, duly constituted religious entity if the entity satisfies each of the following criteria:  (A) The entity is exempt from taxation pursuant to the Internal Revenue Code; and  (B) No part of the entity's net income inures to the direct benefit of any individual;    (2) Educational institutions, i.e., any parent-teacher association or educational institution, the curricula of which in whole or in part are registered or approved by any state or the United States either directly or by acceptance of accreditation by an accrediting body;  (3) Political candidates and organizations, i.e., any candidate for national, state, or local elective office or a political party or other committee required to file information with the Federal Election Commission or any state election commission or its equivalent agency;  (4) Governmental organizations, i.e., any department branch or other instrumentality of the federal, state, or local governments;  (5) Nonprofit hospitals, i.e., any nonprofit hospital licensed by this state or in any other state;  (6) Any charitable organization which does not intend to solicit and receive, and does not actually receive, contributions in excess of twenty-five thousand dollars ($25,000) during a calendar year:  (A) If all of its functions, including its fund-raising functions, are carried on by persons who are unpaid for their services; and  (B) Provided that no part of its assets or income inures to the benefit of or is paid to any officer or member; and    (7) Any person who solicits solely for the benefit of organizations described in subdivisions (1)-(6) of this section.
AR Code § 4-28-405 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-405. Charitable organization — Filing of contracts

 (a) Each contract between a charitable organization and a fund-raising counsel shall be in writing and shall be filed by the charitable organization with the Secretary of State before the performance by the fund-raising counsel of any material services under the contract.  (b) The contract shall contain any information that will enable the Secretary of State to identify the services the fund-raising counsel is to provide and the manner of his or her compensation.
AR Code § 4-28-406 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-406. Fund-raising counsel — Registration — Fees

 (a) A person shall not act as a fund-raising counsel until he or she has first registered with the Secretary of State.  (b) Applications for registration shall be submitted:  (1) In writing;  (2) Under oath;  (3) In the form prescribed by the Secretary of State; and  (4) Accompanied by an annual fee in the sum of one hundred dollars ($100).    (c)  (1) Registrations are valid for a period of one (1) year.  (2) Registrations may be renewed upon the filing of a new application and the tendering of the fee previously prescribed for registration.
AR Code § 4-28-408 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-408. Commercial coventurers — Filing of contracts — Terms — Accounting — Disclosures required in advertising

 (a)  (1) Every charitable organization subject to the registration requirements of this subchapter that agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain a written agreement from the commercial coventurer and file a copy of the agreement with the Secretary of State before the commencement of the charitable sales promotion within this state.  (2) An authorized representative of the charitable organization and the commercial coventurer shall sign the agreement, and the terms of the agreement shall include at a minimum the following:  (A) The goods or services to be offered to the public;  (B) The geographic area where, and the starting and final date when, the offering is to be made;  (C) The manner in which the name of the charitable organization is to be used, including any representation to be made to the public as to the amount or percent per unit of goods or service purchased or used that is to benefit the charitable organization;  (D) A provision for an accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date on which it is to be made; and  (E) The date when and the manner in which the benefit is to be conferred on the charitable organization.      (b) A commercial coventurer shall keep the final accounting for each charitable sales promotion for three (3) years after the accounting date, and the accounting shall be available to the Secretary of State and the Attorney General upon reasonable request.  (c)  (1) A commercial coventurer shall disclose in each advertisement for a charitable sales promotion the amount per unit of goods or services purchased or used that is to benefit the charitable organization or purpose.  (2) The amount may be expressed as a dollar amount or as a percentage of the value of the goods or services purchased or used.
AR Code § 4-28-409 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-409. Disclosures

 (a) It is an unlawful practice for any person to solicit or request contributions when any part of the proceeds is pledged to be given to a charitable organization or solicited for a charitable purpose unless:  (1) The person discloses to each party solicited and to every purchaser, prior to accepting funds, the identity of the person responsible for soliciting the funds and whether any compensation is received for those services;  (2) Whether soliciting by telephone, by mail, or by any other means, the person clearly and unambiguously discloses to each party and every purchaser, at the time or point of solicitation, his or her professional status; and  (3) Upon request by a solicited party, the person truthfully and accurately discloses the percentage of funds raised which is being paid to the solicitor, either directly or as reimbursement of costs, and what percentage will be ultimately retained by the charity.    (b)  (1) The provisions of this section shall not apply to any bona fide full-time employee of a charitable organization or to any volunteer who donates or gives all of the gross proceeds from sales or all contributions to the organizations for which the funds or things of value were solicited.  (2) However, this exemption shall not apply to any person who directly or indirectly receives a commission as compensation for services in relation to fund-raising activities performed for the charitable organization.
AR Code § 4-28-410 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-410. Documents

 (a) All contracts, scripts, pamphlets, handouts, and other materials used by paid solicitors shall be in writing, and true and correct copies of all documents used in any promotion shall be kept on file in the offices of the paid solicitor and in the offices of the charitable organization on whose behalf the promotion is conducted for a period of five (5) years from the date the solicitation of contributions for the promotion commences.  (b) The documents shall be available for inspection, examination, and copying by the Secretary of State and the Attorney General and other authorized agencies during usual and customary business hours.
AR Code § 4-28-411 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-411. Professional telemarketers — Registration and renewal

 (a) Every professional telemarketer shall be employed in a principal-agent relationship by a paid solicitor registered under this subchapter and shall, within seventy-two (72) hours after accepting employment, register with the Secretary of State.  (b) An application for registration under this section shall be in writing, under oath, in the form prescribed by the Secretary of State, and shall be accompanied by a fee in the sum of ten dollars ($10.00).  (c) When effected, the registration shall be for a period of one (1) year and may be renewed upon the payment of the fee prescribed in this section for additional one-year periods.
AR Code § 4-28-412 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-412. Prohibited acts

 It shall be a violation of this subchapter for:   (1) Any person to make any misrepresentation, either express or implied, during the course of soliciting funds for a charitable organization;  (2) Any charitable organization to engage in any financial transaction that knowingly jeopardizes or interferes with the ability of the charitable organization to accomplish its charitable purpose;  (3) Any person to knowingly use or exploit the fact of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state;  (4) Any person to knowingly misrepresent that any other person sponsors or endorses a solicitation;  (5) Any person to knowingly either use the name of a charitable organization or display any emblem, device, or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization;  (6) Any charitable organization to knowingly use a name that is the same as or confusingly similar to the name of another charitable organization unless the latter organization consents in writing to its use;  (7) Any charitable organization to represent itself as being associated with another charitable organization without the express written acknowledgment and endorsement of the other charitable organization;  (8) Any person to knowingly make any false or misleading statements on any document required to be filed with the Secretary of State;  (9) Any person to fail to substantially comply with the requirements of this subchapter;  (10) Any charitable organization to use the services of an unregistered paid solicitor who is required to register pursuant to this subchapter;  (11) Any paid solicitor to solicit contributions from citizens or entities located in this state on behalf of an unregistered charitable organization; and  (12) Any person to use an Arkansas address, including a return address, in any solicitation unless the:  (A) Charitable organization maintains and staffs an office at that address;  (B) Solicitation discloses in writing immediately proximate to the address located in this state both the address of the charitable organization's actual headquarters and the fact that the address is that of a mail drop box or is located in a mail-handling facility; or  (C) Person, if soliciting by phone, discloses the address of the organization's actual headquarters in addition to any address maintained in this state.
AR Code § 4-28-413 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 3 - Corporations and Associations|Chapter 28 - Nonprofit Organizations|Subchapter 4 - Solicitation of Charitable Contributions|§ 4-28-413. Nonresident organization — Service of process

 (a) A nonresident charitable organization, paid solicitor, fund-raising counsel, or professional telemarketer desiring to solicit funds within the State of Arkansas shall file with the Secretary of State an irrevocable written consent that in suits, proceedings, and actions growing out of the violation of this subchapter, or as a result of any activities conducted within this state giving rise to a cause of action, service on the Secretary of State shall be as valid and binding as if due service had been made on the charitable organization, paid solicitor, fund-raising counsel, or professional telemarketer.  (b)  (1) In case any process or pleadings are served upon the Secretary of State, they shall be in triplicate, one (1) copy of which shall be filed with the Secretary of State, one (1) copy of which shall be forwarded by the Secretary of State to the Attorney General, and the other immediately forwarded by the Secretary of State by registered or certified mail to the principal office or place of business of the nonresident charitable organization, paid solicitor, fund-raising counsel, or professional telemarketer.  (2) Service placed upon the Secretary of State shall be returned no later than thirty (30) days.