reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-107 - Termination of listing of commercial registered agent

(a)
A commercial registered agent may terminate its listing as a commercial registered agent by filing with the Secretary of State a commercial registered agent termination statement signed by or on behalf of the agent which states:
(1)
the name of the agent as currently listed under §
4-20-106
; and
(2)
that the agent is no longer in the business of serving as a commercial registered agent in this state.
(b)
A commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed.
(c)
The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement.
(d)
When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new registered agent, service of process may be made on the entity as provided in §
4-20-113
. Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-108 - Change of registered agent by entity

(a)
A represented entity may change the information currently on file under §
4-20-105(a)
by filing with the Secretary of State a statement of change signed on behalf of the entity which states:
(1)
the name of the entity; and
(2)
the information that is to be in effect as a result of the filing of the statement of change.
(b)
The interest holders or governors of a domestic entity need not approve the filing of:
(1)
a statement of change under this section; or
(2)
a similar filing changing the registered agent or registered office of the entity in any other jurisdiction.
(c)
The appointment of a registered agent pursuant to subsection (a) is an affirmation by the represented entity that the agent has consented to serve as such.
(d)
A statement of change filed under this section takes effect on filing.
(e)
Instead of using the procedures in this section, a represented entity may change the information currently on file under §
4-20-105(a)
by amending its most recent registered agent filing in the manner provided by the laws of this state other than this chapter for amending that filing.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-109 - Change of name or address by noncommercial registered agent

(a)
If a noncommercial registered agent changes its name, its address as currently in effect with respect to a represented entity pursuant to §
4-20-105(a)
, the agent shall file with the Secretary of State, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent which states:
(1)
the name of the entity;
(2)
the name and address of the agent as currently in effect with respect to the entity;
(3)
if the name of the agent has changed, its new name; and
(4)
if the address of the agent has changed, the new address.
(b)
A statement of change filed under this section takes effect on filing.
(c)
A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-110 - Change of name, address, or type of organization by commercial registered agent

(a)
If a commercial registered agent changes its name, its address as currently listed under §
4-20-106(a)
, or its type or jurisdiction of organization, the agent shall file with the Secretary of State a statement of change signed by or on behalf of the agent which states:
(1)
the name of the agent as currently listed under §
4-20-106(a)
;
(2)
if the name of the agent has changed, its new name;
(3)
if the address of the agent has changed, the new address; and
(4)
if the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization.
(b)
The filing of a statement of change under subsection (a) is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent.
(c)
A statement of change filed under this section takes effect on filing.
(d)
A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing.
(e)
If a commercial registered agent changes its address without filing a statement of change as required by this section, the Secretary of State may cancel the listing of the agent under §
4-20-106
. A cancellation under this subsection has the same effect as a termination under §
4-20-107
. Promptly after canceling the listing of an agent, the Secretary of State shall serve notice in a record in the manner provided in §
4-20-113(b) or (c)
on:
(1)
each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in §
4-20-113
; and
(2)
the agent, stating that the listing of the agent has been cancelled under this section.
(f)
The Secretary of State shall note the filing of the commercial registered agent change statement in the index of filings maintained by the Secretary of State for each entity represented by the registered agent at the time of the filing.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-111 - Resignation of registered agent

(a)
A registered agent may resign at any time with respect to a represented entity by filing with the Secretary of State a statement of resignation signed by or on behalf of the agent which states:
(1)
the name of the entity;
(2)
the name of the agent;
(3)
that the agent resigns from serving as agent for service of process for the entity; and
(4)
the name and address of the person to which the agent will send the notice required by subsection (c).
(b)
A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.
(c)
The registered agent shall promptly furnish the represented entity with notice in a record of the date on which a statement of resignation was filed.
(d)
When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity may have against the agent or that the agent has against the entity.
(e)
A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-112 - Appointment of agent by nonfiling or nonqualified foreign entity

(a)
A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the Secretary of State a statement appointing an agent for service of process signed on behalf of the entity which states:
(1)
the name, type, and jurisdiction of organization of the entity; and
(2)
the information required by §
4-20-105(a)
.
(b)
A statement appointing an agent for service of process takes effect on filing.
(c)
The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state.
(d)
A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the Secretary of State from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.
(e)
An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which shall take effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process which has not been cancelled earlier is effective for a period of five (5) years after the date of filing.
(f)
A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-113 - Service of process on entities

(a)
A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.
(b)
If an entity fails to appoint an agent under this subchapter or if an entity that previously filed a registered agent filing with the Secretary of State no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to one or more of the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office shall be as shown in the most recent annual report filed with the Secretary of State. If the entity is not required to file an annual report with the Secretary of State, the names of the governors and the address of the principal office shall be as shown in the entity's public organic document. Service is perfected under this subsection at the earliest of:
(1)
the date the entity receives the mail;
(2)
the date shown on the return receipt, if signed on behalf of the entity; or
(3)
five (5) days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage.
(c)
If process, notice, or demand cannot be served on an entity pursuant to subsection (a) or (b), service of process may be made by handing a copy to the manager, clerk, or other person in charge of any regular place of business or activity of the entity if the person served is not a plaintiff in the action.
(d)
Service of process, notice, or demand on a registered agent must be in the form of a written document, except that service may be made on a commercial registered agent in such other forms of a record, and subject to such requirements, as the agent has stated from time to time in its listing under §
4-20-106
that it will accept.
(e)
Service of process, notice, or demand may be perfected by any other means prescribed by law other than this chapter.
Acts 2007, No. 638, § 1; 2009, No. 408, § 7; 2009, No. 814, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-114 - Duties of registered agent

The only duties under this chapter of a registered agent who has complied with this chapter are:
(1)
to forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice, or demand that is served on the agent;
(2)
to provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;
(3)
if the agent is a noncommercial registered agent, to keep current the information required by §
4-20-105(a)
in the most recent registered agent filing for the entity; and
(4)
if the agent is a commercial registered agent, to keep current the information listed for it under §
4-20-106(a)
.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-115 - Jurisdiction and venue

The appointment or maintenance in this state of a registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this state. The address of the agent does not determine venue in an action or proceeding involving the entity.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-116 - Consistency of application

In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-117 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., but does not modify, limit, or supersede Section 101(c) of that act, (
15 U.S.C. Section 7001(c)
), or authorize delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 20 - MODEL REGISTERED AGENTS ACT (§§ 4-20-101 — 4-20-118) › Section 4-20-118 - Savings clause

This chapter does not affect an action or proceeding commenced or right accrued before the effective date of this chapter.
Acts 2007, No. 638, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 21 - JURISDICTION OVER FIREARM REGULATION (§§ 4-21-101 — 4-21-105) › Section 4-21-101 - Scope

(a)
(1)
The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the United States Government elsewhere in the United States Constitution and reserves to the State of Arkansas and its people certain powers as those powers were understood at the time that Arkansas was admitted into statehood in 1836.
(2)
The guaranty of those powers is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.
(b)
(1)
The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Arkansas certain rights as they were understood at the time that Arkansas was admitted into statehood in 1836.
(2)
The guaranty of those rights is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.
(c)
The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution.
(d)
The Second Amendment to the United States Constitution reserves the right to keep and bear arms to the people as that right was understood at the time that Arkansas was admitted into statehood in 1836, and the guaranty of the right is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.
(e)
(1)
Arkansas Constitution, Article 2, § 5, clearly secures to Arkansas citizens and prohibits government interference with the right of individual Arkansas citizens to keep and bear arms.
(2)
This constitutional protection is unchanged from the 1836 Arkansas Constitution, which was approved by the United States Congress and the people of Arkansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.
Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 21 - JURISDICTION OVER FIREARM REGULATION (§§ 4-21-101 — 4-21-105) › Section 4-21-102 - Definitions

As used in this chapter:
(1)
"Borders of Arkansas" means the boundaries of Arkansas described in Arkansas Constitution, Article 1;
(2)
"Firearms accessory" means an item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including without limitation telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;
(3)
"Generic and insignificant part" means a small component used in the manufacture of a firearm, including without limitation a spring, a screw, a nut, or a pin; and
(4)
"Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including without limitation forging, casting, machining, or other processes for working materials.
Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 21 - JURISDICTION OVER FIREARM REGULATION (§§ 4-21-101 — 4-21-105) › Section 4-21-103 - Prohibitions

(a)
A personal firearm, a firearms accessory, or ammunition that is manufactured commercially or privately in Arkansas and that remains within the borders of Arkansas is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce, as those items have not traveled in interstate commerce.
(b)
(1)
This chapter applies to a firearm, a firearms accessory, or ammunition that is manufactured in Arkansas from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.
(2)
Generic and insignificant parts that have other manufacturing or consumer product applications that are not firearms, firearms accessories, or ammunition that are imported into Arkansas and incorporated into a firearm, a firearm accessory, or ammunition manufactured in Arkansas do not subject the firearm, firearm accessory, or ammunition to federal regulation.
(3)
Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition.
(4)
The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Arkansas from the materials contained in this subsection as long as the firearm is not taken or sold outside the boundaries of the State of Arkansas.
(c)
Firearms accessories that are imported into Arkansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Arkansas.
(d)
This section does not apply to:
(1)
A firearm that cannot be carried and used by one (1) person;
(2)
A firearm that has a bore diameter greater than one and one-half inches (1 ½") and that uses smokeless powder, not black powder, as a propellant;
(3)
Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(4)
Other than shotguns, a firearm that discharges two (2) or more projectiles with one (1) activation of the trigger or other firing device.
Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 21 - JURISDICTION OVER FIREARM REGULATION (§§ 4-21-101 — 4-21-105) › Section 4-21-104 - Marketing of firearms

A firearm manufactured or sold in Arkansas that is subject to this chapter must have the words "Made in Arkansas" or other words that state that Arkansas is the point of origin of the firearm clearly and conspicuously stamped on a central metallic part such as the receiver or frame.
Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 2 - MISCELLANEOUS COMMERCIAL LAW PROVISIONS (§§ 4-16-101 — 4-21-105) › Chapter 21 - JURISDICTION OVER FIREARM REGULATION (§§ 4-21-101 — 4-21-105) › Section 4-21-105 - Unlawful enforcement of federal statutes

(a)
An employee of a state agency, a public servant of the state, or an agent or employee of the United States Government shall not knowingly enforce or attempt to enforce any act, law, statute, rule, or regulation of the United States Government created or effective on or after January 1, 2021, and relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in Arkansas so long as the personal firearm, firearm accessory, or ammunition is within the borders of Arkansas.
(b)
A person who violates this section upon conviction is guilty of a Class A misdemeanor.
Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-101 - Resignation of agent

(a)
(1)
Any person who has been designated by any corporation, either foreign or domestic, as its authorized agent for service of process, may file with the Secretary of State a signed statement that he or she is unwilling to continue to act as the agent of the corporation.
(2)
Upon the expiration of sixty (60) days after the filing of the statement with the Secretary of State, the capacity of the person as agent shall terminate.
(b)
Upon the filing of the statement, the Secretary of State forthwith shall give written notice, by mail, to the corporation of the filing of the statement and the effect thereof. The notice shall be addressed to the corporation at its principal office, as shown by the records of the Secretary of State's office, and the corporation shall immediately designate another agent for service of process.
Acts 1941, No. 54, § 1; A.S.A. 1947, § 64-1102.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-102 - Corporate security or surety bonds

(a)
Except as provided in §
23-37-314
, §
23-37-511
[repealed], §
23-37-603
[repealed], §
23-39-505
, §
23-42-305
, or §
23-55-204
, if the laws of this state provide for the furnishing of a corporate security or surety bond to assure financial responsibility, the person, firm, or corporation required to provide the bond, in lieu of providing the corporate security or surety bond, may furnish the principal amount of at least the amount of the bond to be provided in the form of:
(1)
Certificates of deposit issued by Arkansas banks and savings and loan associations; or
(2)
Direct general obligation securities issued by:
(A)
The State of Arkansas;
(B)
An agency or instrumentality of the State of Arkansas;
(C)
A political subdivision of this state;
(D)
The United States; or
(E)
An agency of the United States.
(b)
It is not the intention of this section to prohibit the furnishing of personal bond or the furnishing of a property or other bond in any other such manner as is now provided by law.
(c)
This section shall not apply to banks, savings and loan associations, any case where federal law requires a corporate surety bond, or in any case where performance of contractual obligations is required on the part of the person required to provide bond.
(d)
Every governmental agency affected by this section is authorized and directed to issue such rules as are necessary and appropriate for the carrying out of this section.
Acts 1979, No. 634, §§ 1, 2; A.S.A. 1947, §§ 66-4105, 66-4106; Acts 2009, No. 535, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-103 - Contributions authorized

All business corporations, railroad corporations, banking corporations, insurance corporations, building and loan corporations, benevolent corporations, and cooperative associations shall have the power to make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment thereto.
Acts 1951, No. 69, § 1; A.S.A. 1947, § 64-1101.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-105 - Joint tenancy in stock certificate

(a)
In any instance in which any corporation or cooperative association organized under the laws of the State of Arkansas may issue any stock certificate or other form of certificate of any character evidencing ownership or equity in the corporation or cooperative association in two (2) or more persons and shall use the word "or" between the names of the persons to whom it is issued so as to cause it to read in the alternative, the persons to whom the certificate is issued in this form shall hold and own the same as joint tenants and not as tenants in common, and full and complete ownership of the certificate so issued shall pass and belong to the last survivor of the persons so named.
(b)
Any one (1) of the persons to whom any certificate may be issued in manner and form as provided in subsection (a) of this section may endorse, assign, or transfer the certificate as fully and as effectively as could all persons therein named joining together. The endorsement, assignment, or transfer so made shall be fully binding on all persons named therein.
Acts 1959, No. 161, §§ 1, 2; A.S.A. 1947, §§ 50-110, 50-111.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-106 - Authorization for preexisting corporations to do business in state

(a)
(1)
Any corporation organized in this state under the provisions of Acts 1931, No. 255, §§ 77-80 [repealed], for the purpose of transacting business outside this state is authorized to transact business within the state by filing an amendment to its articles of incorporation to that effect if, upon filing the amendment, it pays, in addition to the fees required for filing the amendment, the difference between the amount of fees paid on its original incorporation for the transaction of business outside the state and the fees it would have been required to pay for incorporation under Acts 1931, No. 255 [repealed], as a domestic corporation formed for the purpose of doing intrastate business.
(2)
Upon filing the amendment, the corporation shall thereafter be incorporated for all purposes as if it was incorporated under the terms of Acts 1931, No. 255, §§ 1-7, 38, 39, 68, and 69 [repealed], and the corporations are entitled to all the rights and privileges of corporations formed under Acts 1931, No. 255, §§ 1-7, 38, 39, 68, and 69 [repealed].
(b)
Articles of original incorporation and the amendment as prescribed in this section shall be filed with the county clerk of the county in which the principal office of the corporation is to be located.
Acts 1959, No. 274, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-107 - Effect of certain contract provision upon determination of agency

A person who requires by contract that another person comply with any state or federal law, regulation, or rule, including but not limited to, one relating to wages, benefits, or safety conditions, shall not be deemed to subject that person to his or her control for purposes of determining agency.
Acts 1989, No. 946, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-108 - Eligibility to receive county grants

Before an unincorporated association is eligible to receive a grant administered by the county, the association shall provide the county judge a list of six (6) names and addresses of officers and directors of the association, along with a letter signed by the president and the secretary of the association authorizing a specific officer of the association to receive funds on behalf of the association.
Acts 1997, No. 534, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 25 - GENERAL PROVISIONS (§§ 4-25-101 — 4-25-110) › Section 4-25-110 - Fee waiver for certain individuals

(a)
Notwithstanding any law to the contrary, the initial filing fees, permit fees, and licensing fees associated with the formation of a business in this state shall be waived for applicants who meet the requirements in the Workforce Expansion Act of 2021, §
17-5-101
et seq.
(b)
Appropriate state entities shall:
(1)
Publish notice of the fee waiver on:
(A)
The website maintained by the appropriate state entity; and
(B)
Any relevant forms that an applicant is required to complete; and
(2)
Promulgate any necessary rules to implement this section.
Added by Act 2021, No. 725,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-26-101 — 4-26-107) › Section 4-26-101 - Title

This chapter shall be known and may be cited as the "Arkansas Business Corporation Act".
Acts 1965, No. 576, § 1; A.S.A. 1947, § 64-101.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-26-101 — 4-26-107) › Section 4-26-104 - Administration by Secretary of State

The Secretary of State shall have the power and authority reasonably necessary to enable him or her to administer this chapter efficiently and to perform the duties therein imposed upon him or her.
Acts 1965, No. 576, § 92; A.S.A. 1947, § 64-119.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-26-101 — 4-26-107) › Section 4-26-105 - Waiver of notice

(a)
Whenever any notice is required to be given to any shareholder or director of a corporation under the provisions of this chapter or under the provisions of the articles of incorporation or bylaws of the corporation, a waiver in writing signed by the person or persons entitled to the notice, whether before or after the time stated therein shall be equivalent to the giving of the notice.
(b)
The attendance of any shareholder or director at a meeting without protesting, prior to or at the commencement of the meeting, the lack of proper notice shall be deemed to be a waiver by him or her of notice of the meeting.
Acts 1965, No. 576, § 43; A.S.A. 1947, § 64-116.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-26-101 — 4-26-107) › Section 4-26-106 - Certificates of Secretary of State to be received in evidence

A certificate of the Secretary of State under the Great Seal of Arkansas, as to the existence or nonexistence of facts relating to corporations which would not appear from a certified copy of any documents on file in his or her office shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated.
Acts 1965, No. 576, § 94; A.S.A. 1947, § 64-118.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-26-101 — 4-26-107) › Section 4-26-107 - Disapproval of articles and other documents by Secretary of State - Appeals

(a)
If the Secretary of State shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the Secretary of State before the same shall be filed in his or her office, he or she shall give, within ten (10) days after the delivery thereof to him or her, written notice of his or her disapproval to the person or corporation delivering the same, specifying the reasons therefor.
(b)
(1)
From the disapproval of the Secretary of State the person or corporation may appeal to the Pulaski County Circuit Court by filing with the clerk of the court a petition setting forth:
(A)
A copy of the articles or other document sought to be filed;
(B)
A copy of the written disapproval by the Secretary of State; and
(C)
The basis for challenging the legality of the ruling of the Secretary of State.
(2)
Upon the filing of the petition, the matter shall be tried de novo by the court. The court shall either sustain the action of the Secretary of State or direct him or her to take such action as the court may deem proper.
(c)
Appeals from all final orders and judgments entered by the circuit court under this section in review of any ruling or decision of the Secretary of State may be taken as in other civil actions.
Acts 1965, No. 576, § 93; A.S.A. 1947, § 64-120.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 2 - FORMATION AND POWERS OF CORPORATIONS (§§ 4-26-201 — 4-26-207) › Section 4-26-201 - Incorporators

One (1) or more natural persons of the age of twenty-one (21) years or more may act as incorporators of a corporation by executing and filing in accordance with §
4-26-1201
articles of incorporation for the corporation.
Acts 1965, No. 576, § 54; A.S.A. 1947, § 64-501.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 2 - FORMATION AND POWERS OF CORPORATIONS (§§ 4-26-201 — 4-26-207) › Section 4-26-203 - Organization meeting of incorporators

(a)
After the filing of the articles of incorporation with the Secretary of State as required in §
4-26-1201
, an organization meeting of the incorporators shall be held either within or without this state, at the call of a majority of the incorporators, for the purpose of electing directors and the transaction of such other business as may come before the meeting.
(b)
The incorporators calling the meeting shall give at least three (3) days' notice thereof by mail to the remaining incorporators. The notice shall state the time and place of the meeting. However, the giving of the notice may be waived by the incorporators entitled to receive the notice.
Acts 1965, No. 576, § 58; A.S.A. 1947, § 64-505.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 2 - FORMATION AND POWERS OF CORPORATIONS (§§ 4-26-201 — 4-26-207) › Section 4-26-205 - Defense of ultra vires

(a)
No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do the act or to make or receive the conveyance or transfer.
(b)
However, the lack of capacity or power may be asserted:
(1)
In a proceeding by a shareholder against the corporation to enjoin the doing of any act or acts or the transfer of real or personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed or made pursuant to any contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of the contract, and in so doing, may allow to the corporation or to the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of the contract; but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained;
(2)
In a proceeding by the corporation, whether acting directly or through a receiver, trustee, or other legal representative or through shareholders in a representative or derivative suit against the incumbent or former officers or directors of the corporation;
(3)
In a proceeding by the Attorney General, as provided in this chapter, to dissolve the corporation or in a proceeding by the Attorney General to enjoin the corporation from the transaction of unauthorized business.
Acts 1965, No. 576, § 6; A.S.A. 1947, § 64-106.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 2 - FORMATION AND POWERS OF CORPORATIONS (§§ 4-26-201 — 4-26-207) › Section 4-26-206 - Prerequisite to commencing business

A corporation shall not transact any business or incur any indebtedness, except such as shall be incidental to its organization or to obtaining subscriptions to or payment for its shares until there has been paid in for the issuance of shares consideration of the value of at least three hundred dollars ($300).
Acts 1965, No. 576, § 57; A.S.A. 1947, § 64-504.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 2 - FORMATION AND POWERS OF CORPORATIONS (§§ 4-26-201 — 4-26-207) › Section 4-26-207 - Certificate of corporate existence - Prima facie evidence

(a)
At any time after the incorporators have filed articles of incorporation with the Secretary of State, he or she shall, upon request and upon payment of the fee prescribed by law, certify whether, as disclosed by the records in his or her office, the existence of the corporation has terminated by reason of voluntary or involuntary dissolution, merger, consolidation, franchise tax default, or otherwise.
(b)
If the certificate identifies the corporation by its corporate name, and by showing the names of the original incorporators and the date the original articles of incorporation were filed, it shall be admissible in evidence, and the certifications therein contained shall be deemed prima facie true.
Acts 1965, No. 576, § 56; A.S.A. 1947, § 64-503.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 3 - AMENDMENT OF ARTICLES OF INCORPORATION (§§ 4-26-301 — 4-26-307) › Section 4-26-302 - Procedure

(a)
Amendments to the articles of incorporation shall be made in the following manner:
(1)
The board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of shareholders, which may be either an annual or a special meeting;
(2)
Written or printed notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each shareholder of record entitled to vote thereon within the time and in the manner provided in this chapter for the giving of notice of meetings of shareholders. If the meeting is an annual meeting, the proposed amendment or a summary shall be included in the notice of the annual meeting;
(3)
At this meeting a vote of the shareholders entitled to vote thereon shall be taken on the proposed amendment;
(4)
The proposed amendment shall be adopted upon receiving the affirmative vote of the holders of at least two-thirds (2/3) of the shares entitled to vote thereon unless any class of shares is entitled to vote as a class, in which event the proposed amendment shall be adopted upon receiving the affirmative vote of the holders of at least two-thirds (2/3) of the shares of each class of shares entitled to vote as a class and of the total shares entitled to vote thereon.
(b)
Any number of amendments may be submitted to the shareholders and voted upon by them at one (1) meeting.
Acts 1965, No. 576, § 60; A.S.A. 1947, § 64-507.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 26 - BUSINESS CORPORATIONS GENERALLY (§§ 4-26-101 — 4-26-1204) › Subchapter 3 - AMENDMENT OF ARTICLES OF INCORPORATION (§§ 4-26-301 — 4-26-307) › Section 4-26-303 - Voting by shareholder classes

The holders of the outstanding shares of a class shall be entitled to vote as a class upon a proposed amendment, whether or not entitled to vote thereon by the provisions of the articles of incorporation, if the amendment would:
(1)
Increase or decrease the aggregate number of authorized shares of the class;
(2)
Increase or decrease the par value of the shares of the class;
(3)
Effect an exchange, reclassification, or cancellation of all or part of the shares of the class;
(4)
Effect an exchange or create a right of exchange of all or any part of the shares of another class into the shares of the class;
(5)
Change the designations, preferences, limitations, or relative rights of the shares of the class;
(6)
Change the shares of the class, whether with or without par value, into the same or a different number of shares, either with or without par value, of the same class or another class;
(7)
Create a new class of shares having rights and preferences prior and superior to the shares of the class, or increase the rights and preferences of any class having rights and preferences prior or superior to the shares of the class;
(8)
In the case of a preferred or special class of shares, divide the shares of the class into series and fix and determine the designation of the different series and the variations in the relative rights and preferences between the shares of the separate series or authorize the board of directors to do so;
(9)
Limit or deny the existing preemptive rights of the shares of the class;
(10)
Cancel or otherwise affect dividends on the shares of the class which have accrued but have not been declared.
Acts 1965, No. 576, § 61; A.S.A. 1947, § 64-508.