reglab/statecodes huggingface dataset:
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3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 7 - [Repealed] (§ 4-32-701) › Section 4-32-701 - through 4-32-707 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 1993, No. 1003, § 701.
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3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 8 - [Repealed] (§ 4-32-801) › Section 4-32-801 - through 4-32-802 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 1993, No. 1003, § 801.
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3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 9 - [Repealed] (§ 4-32-901) › Section 4-32-901 - through 4-32-908 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 1993, No. 1003, § 901; 1999, No. 1528, § 2.
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3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 10 - [Repealed] (§ 4-32-1001) › Section 4-32-1001 - through 4-32-1008 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 1993, No. 1003, § 1001.
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3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 11 - [Repealed] (§ 4-32-1101) › Section 4-32-1101 - through 4-32-1103 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 1993, No. 1003, § 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3 - CORPORATIONS AND ASSOCIATIONS (§§ 4-25-101 — 4-38-1203) › Chapter 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 12 - [Repealed] (§ 4-32-1201) › Section 4-32-1201 - through 4-32-1210 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 2009, No. 408, § 5.
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 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 13 - [Repealed] (§ 4-32-1301) › Section 4-32-1301 - through 4-32-1316 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 1993, No. 1003, § 1302; 2001, No. 1395, § 2; 2007, No. 638, § 35; 2007, No. 646, § 6.
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 32 (§§ 4-32-101 — 4-32-1401) › Subchapter 14 - [Repealed] (§ 4-32-1401) › Section 4-32-1401 - [Repealed]

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.
Acts 1997, No. 338, § 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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part A - SHORT TITLE AND APPLICATIONS (§§ 4-33-101 — 4-33-103) › Section 4-33-101 - Short title

This chapter shall be known and may be cited as the "Arkansas Nonprofit Corporation Act of 1993".
Acts 1993, No. 1147, § 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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part A - SHORT TITLE AND APPLICATIONS (§§ 4-33-101 — 4-33-103) › Section 4-33-102 - Reservation of power to amend or repeal

The General Assembly has power to amend or repeal all or part of this chapter at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal.
Acts 1993, No. 1147, § 102.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-120 - Filing requirements

(a)
A document must satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to filing by the Secretary of State.
(b)
This chapter must require or permit filing the document in the office of the Secretary of State.
(c)
The document must contain the information required by this chapter. It may contain other information as well.
(d)
The document must be typewritten or printed.
(e)
The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f)
The document must be executed:
(1)
by the presiding officer of its board of directors of a domestic or foreign corporation, its president, or by another of its officers;
(2)
if directors have not been selected or the corporation has not been formed, by an incorporator; or
(3)
if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(g)
The person executing a document shall sign it and state beneath or opposite the signature his or her name and the capacity in which he or she signs. The document may, but need not, contain:
(1)
the corporate seal;
(2)
an attestation by the secretary or an assistant secretary; or
(3)
an acknowledgment, verification, or proof.
(h)
If the Secretary of State has prescribed a mandatory form for a document under §
4-33-121
, the document must be in or on the prescribed form.
(i)
The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one (1) exact or conformed copy (except as provided in §§
4-33-503
[repealed] and
4-33-1509
), the correct filing fee, and any franchise tax, license fee, or penalty required by this chapter or other law.
Amended by Act 2021, No. 523,§ 10, eff. 4/1/2021.
Amended by Act 2019, No. 819,§ 11, eff. 5/1/2021.
Acts 1993, No. 1147, § 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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-121 - Forms

The Secretary of State may prescribe and furnish on request, forms for:
(1)
an application for a certificate of existence;
(2)
a foreign corporation's application for a certificate of authority to transact business in this state; and
(3)
a foreign corporation's application for a certificate of withdrawal. If the Secretary of State so requires, use of these forms is mandatory.
Acts 1993, No. 1147, § 121.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-123 - Effective date of document

(a)
Except as provided in subsection (b) of this section, a document is effective:
(1)
at the time of filing on the date it is filed, as evidenced by the Secretary of State's endorsement on the original document; or
(2)
at the time specified in the document as its effective time on the date it is filed.
(b)
A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date filed.
Acts 1993, No. 1147, § 123.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-124 - Correcting filed document

(a)
A domestic or foreign corporation may correct a document filed by the Secretary of State if the document contains an incorrect statement, or was defectively executed, attested, sealed, verified, or acknowledged.
(b)
A document is corrected:
(1)
by preparing articles of correction that (i) describe the document (including its filing date) or attach a copy of it to the articles, (ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective, and (iii) correct the incorrect statement or defective execution; and
(2)
by delivering the articles of correction to the Secretary of State.
(c)
Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.
Acts 1993, No. 1147, § 124.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-125 - Filing duty of Secretary of State

(a)
If a document delivered to the office of the Secretary of State for filing satisfies the requirements of §
4-33-120
, the Secretary of State shall file it.
(b)
The Secretary of State files a document by stamping or otherwise endorsing "Filed," together with the Secretary of State's name and official title and the date and time of receipt, on both the original and the document copy and on the receipt for the filing fee. After filing a document, except as provided in §
4-33-1510
, the Secretary of State shall deliver the document copy, with the filing fee receipt (or acknowledgement of receipt if no fee is required) attached, to the domestic or foreign corporation or its representative.
(c)
Upon refusing to file a document, the Secretary of State shall return it to the domestic or foreign corporation or its representative within five (5) days after the document was delivered, together with a brief, written explanation of the reason or reasons for the refusal.
(d)
The Secretary of State's duty to file documents under this section is ministerial. Filing or refusal to file a document does not:
(1)
affect the validity or invalidity of the document in whole or in part;
(2)
relate to the correctness or incorrectness of information contained in the document; or
(3)
create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
Acts 1993, No. 1147, § 125; 2007, No. 638, § 37.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-126 - Appeal from Secretary of State's refusal to file document

(a)
If the Secretary of State refuses to file a document delivered for filing to the Secretary of State's office, the domestic or foreign corporation may appeal the refusal to the circuit court in the county where the corporation's principal office is located or the Pulaski County Circuit Court if the corporation does not have a principal office in this state. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's explanation of the refusal to file.
(b)
The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.
(c)
The court's final decision may be appealed as in other civil proceedings.
Acts 1993, No. 1147, § 126; 2007, No. 638, § 38.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-127 - Evidentiary effect of copy of filed document

A certificate attached to a copy of a document bearing the Secretary of State's signature (which may be in facsimile) and the seal of this state, is conclusive evidence that the original document is on file with the Secretary of State.
Acts 1993, No. 1147, § 127.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-128 - Certificate of existence

(a)
Any person may apply to the Secretary of State to furnish a certificate of existence for a domestic or foreign corporation.
(b)
The certificate of existence sets forth:
(1)
the domestic corporation's corporate name or the foreign corporation's corporate name used in this state;
(2)
that (i) the domestic corporation is duly incorporated under the law of this state, the date of its incorporation, and the period of its duration if less than perpetual; or (ii) that the foreign corporation is authorized to transact business in this state;
(3)
that all fees, taxes, and penalties owed to this state have been paid, if (i) payment is reflected in the records of the Secretary of State and (ii) nonpayment affects the good standing of the domestic or foreign corporation;
(4)
that articles of dissolution have not been filed; and
(5)
other facts of record in the office of the Secretary of State that may be requested by the applicant.
(c)
Subject to any qualification stated in the certificate, a certificate of existence issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign corporation is in good standing in this state.
Acts 1993, No. 1147, § 128.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part B - FILING DOCUMENTS (§§ 4-33-120 — 4-33-129) › Section 4-33-129 - Penalty for signing false document

(a)
A person commits an offense by signing a document such person knows is false in any material respect with intent that the document be delivered to the Secretary of State for filing.
(b)
An offense under this section is a Class C misdemeanor.
Acts 1993, No. 1147, § 129.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part C - SECRETARY OF STATE (§§ 4-33-130 — 4-33-132) › Section 4-33-130 - Powers

The Secretary of State has the power reasonably necessary to perform the duties required of him or her by this chapter.
Acts 1993, No. 1147, § 130.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part D - DEFINITIONS (§§ 4-33-140 — 4-33-142) › Section 4-33-141 - Notice

(a)
Notice may be oral or written.
(b)
Notice may be communicated in person; by telephone, telegraph, teletype, telecopier, facsimile, or other form of wire or wireless communication; or by mail or private carrier; if these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published; or by radio, television, or other form of public broadcast communication.
(c)
Oral notice is effective when communicated, if communicated in a comprehensible manner.
(d)
Written notice, if in a comprehensible form, is effective at the earliest of the following:
(1)
when received;
(2)
five (5) days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with first class postage affixed;
(3)
on the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee;
(4)
thirty (30) days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with other than first class, registered or certified postage affixed.
(e)
Written notice is correctly addressed to a member of a domestic or foreign corporation if addressed to the member's address shown in the corporation's current list of members.
(f)
A written notice or report delivered as part of a newsletter, magazine or other publication regularly sent to members shall constitute a written notice or report if addressed or delivered to the member's address shown in the corporation's current list of members, or in the case of members who are residents of the same household and who have the same address in the corporation's current list of members, if addressed or delivered to one (1) of such members, at the address appearing on the current list of members.
(g)
Written notice is correctly addressed to a domestic or foreign corporation (authorized to transact business in this state), other than in its capacity as a member, if addressed to its registered agent or to its secretary at its principal office.
(h)
If §
4-33-705(b)
or any other provision of this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles or bylaws prescribe notice requirements, not inconsistent with this section or other provisions of this chapter, those requirements govern.
Acts 1993, No. 1147, § 141.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part E - PRIVATE FOUNDATIONS (§§ 4-33-150 — 4-33-151) › Section 4-33-150 - Internal Revenue section 501 (c)

(a)
Notwithstanding any provision of Arkansas law or in the articles of incorporation to the contrary, the articles of incorporation of each corporation organized under this chapter which is an exempt charitable, religious, literary, educational, or scientific organization as described in section 501(c)(3) of the Internal Revenue Code of 1986 shall be deemed to contain the following provisions:
"Upon the dissolution of the corporation, the board of directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such charitable, educational, religious, literary, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1986, or the corresponding provision of any future United States Internal Revenue Law, as the board of trustees shall determine. Any such assets not so disposed of shall be disposed of by the circuit court of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes."
(b)
Notwithstanding any provision of Arkansas law or in the articles of incorporation to the contrary, the articles of incorporation of each corporation which is subject to this chapter and which is a private foundation as defined in section 509(a) of the Internal Revenue Code of 1986 shall be deemed to contain the following provisions:
(1)
shall distribute such amounts for each taxable year at such time and in such manner as not to subject the corporation to tax under section 4942 of the Code.
(2)
shall not engage in any act of self-dealing as defined in section 4941(d) of the Code.
(3)
shall not retain any excess business holdings as defined in section 4943(c) of the Code.
(4)
shall not make any taxable expenditures as defined in section 4944 of the Code.
(5)
shall not make any taxable expenditures as defined in section 4945(d) of the Code.
(c)
The articles of incorporation of any corporation described in subsection (b) of this section may be amended to expressly exclude the application of subsection (b) and in the event of such amendment, subsection (b) shall not apply to that corporation.
All references in this section to sections of the Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States.
Acts 1993, No. 1147, § 150.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part F - JUDICIAL RELIEF (§§ 4-33-160 — 4-33-161) › Section 4-33-160 - Judicial relief

(a)
If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors, or otherwise obtain their consent, in the manner prescribed by its articles, bylaws, or this chapter, then upon petition of a director, officer, delegate, or member, a circuit court sitting in the county of the principal office of the corporation may order that such a meeting be called or that a written ballot or other form of obtaining the vote of members, delegates, or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances.
(b)
The court shall, in an order issued pursuant to this section, provide for a method of notice reasonably designed to give actual notice to all persons who would be entitled to notice of a meeting held pursuant to the articles, bylaws and this chapter, whether or not the method results in actual notice to all such persons or conforms to the notice requirements that would otherwise apply. In a proceeding under this section the court may determine who the members or directors are.
(c)
The order issued pursuant to this section may dispense with any requirement relating to the holding of or voting at meetings or obtaining votes, including any requirement as to quorums or as to the number or percentage of votes needed for approval, that would otherwise be imposed by the articles, bylaws, or this chapter.
(d)
Whenever practical any order issued pursuant to this section shall limit the subject matter of meetings or other forms of consent authorized to items, including amendments to the articles or bylaws, the resolution of which will or may enable the corporation to continue managing its affairs without further resort to this section; provided, however, that an order under this section may also authorize the obtaining of whatever votes and approvals are necessary for the dissolution, merger or sale of assets.
(e)
Any meeting or other method of obtaining the vote of members, delegates, or directors conducted pursuant to an order issued under this section, and that complies with all the provisions of such order, is for all purposes a valid meeting or vote, as the case may be, and shall have the same force and effect as if it complied with every requirement imposed by the articles, bylaws and this chapter.
Acts 1993, No. 1147, § 160.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-33-101 — 4-33-180) › Part H - RELIGIOUS CORPORATIONS - CONSTITUTIONAL PROTECTIONS (§ 4-33-180) › Section 4-33-180 - Religious corporations - Constitutional protections

If religious doctrine governing the affairs of a religious corporation is inconsistent with the provisions of this chapter on the same subject, the religious doctrine shall control to the extent required by the Constitution of the United States or the constitution of this state or both.
Acts 1993, No. 1147, § 170.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 2 - ORGANIZATION (§§ 4-33-201 — 4-33-207) › Section 4-33-201 - Incorporators

One (1) or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing.
Acts 1993, No. 1147, § 201.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 2 - ORGANIZATION (§§ 4-33-201 — 4-33-207) › Section 4-33-203 - Incorporation

(a)
Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.
(b)
The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporation satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation.
Acts 1993, No. 1147, § 203.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 2 - ORGANIZATION (§§ 4-33-201 — 4-33-207) › Section 4-33-204 - Liability for preincorporation transactions

All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this chapter, are jointly and severally liable for all liabilities created while so acting.
Acts 1993, No. 1147, § 204.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 2 - ORGANIZATION (§§ 4-33-201 — 4-33-207) › Section 4-33-205 - Organization of corporation

(a)
After incorporation:
(1)
if initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting;
(2)
if initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators:
(i)
to elect directors and complete the organization of the corporation; or
(ii)
to elect a board of directors who shall complete the organization of the corporation.
(b)
Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one (1) or more written consents describing the action taken and signed by each incorporator.
(c)
An organizational meeting may be held in or out of this state in accordance with §
4-33-820
.
Acts 1993, No. 1147, § 205.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 2 - ORGANIZATION (§§ 4-33-201 — 4-33-207) › Section 4-33-206 - Bylaws

(a)
The incorporators or board of directors of a corporation shall adopt bylaws for the corporation.
(b)
The bylaws may contain any provision for regulating and managing the affairs of the corporation that is not inconsistent with law or the articles of incorporation.
Acts 1993, No. 1147, § 206.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 2 - ORGANIZATION (§§ 4-33-201 — 4-33-207) › Section 4-33-207 - Emergency bylaws and powers

(a)
Unless the articles provide otherwise the directors of a corporation may adopt, amend or repeal bylaws to be effective only in an emergency defined in subsection (d) of this section. The emergency bylaws, which are subject to amendment or repeal by the members, may provide special procedures necessary for managing the corporation during the emergency, including:
(1)
how to call a meeting of the board;
(2)
quorum requirements for the meeting; and
(3)
designation of additional or substitute directors.
(b)
All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.
(c)
Corporate action taken in good faith in accordance with the emergency bylaws:
(1)
binds the corporation; and
(2)
may not be used to impose liability on a corporate director, officer, employee, or agent.
(d)
An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.
Acts 1993, No. 1147, § 207.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 3 - PURPOSES AND POWERS (§§ 4-33-301 — 4-33-304) › Section 4-33-301 - Purposes

(a)
Every corporation incorporated under this chapter has the purpose of engaging in any lawful activity unless a more limited purpose is set forth in the articles of incorporation.
(b)
A corporation engaging in an activity that is subject to regulation under another statute of this state may incorporate under this chapter only if incorporation under this chapter is not prohibited by the other statute. The corporation shall be subject to all limitations of the other statute.
Acts 1993, No. 1147, § 301.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 3 - PURPOSES AND POWERS (§§ 4-33-301 — 4-33-304) › Section 4-33-303 - Emergency powers

(a)
In anticipation of or during an emergency defined in subsection (d) of this section, the board of directors of a corporation may:
(1)
modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and
(2)
relocate the principal office, designate alternative principal offices or regional offices, or authorize the officer to do so.
(b)
During an emergency defined in subsection (d) of this section, unless emergency bylaws provide otherwise:
(1)
notice of a meeting of the board of directors need be given only to those directors it is practicable to reach and may be given in any practicable manner, including by publication and radio; and
(2)
one (1) or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum.
(c)
Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the corporation:
(1)
binds the corporation; and
(2)
may not be used to impose liability on a corporate director, officer, employee, or agent.
(d)
An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.
Acts 1993, No. 1147, § 303.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 3 - PURPOSES AND POWERS (§§ 4-33-301 — 4-33-304) › Section 4-33-304 - Ultra vires

(a)
Except as provided in subsection (b) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.
(b)
A corporation's power to act may be challenged in a proceeding against the corporation to enjoin an act where a third party has not acquired rights. The proceeding may be brought by the Attorney General, a director, or by a member or members in a derivative proceeding.
(c)
A corporation's power to act may be challenged in a proceeding against an incumbent or former director, officer, employee or agent of the corporation. The proceeding may be brought by a director, the corporation, directly, derivatively, or through a receiver, a trustee or other legal representative, or in the case of a public benefit corporation, by the Attorney General.
Acts 1993, No. 1147, § 304.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 4 - NAMES (§§ 4-33-401 — 4-33-403) › Section 4-33-401 - Corporate name

(a)
A corporate name may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by §
4-33-301
and its articles of incorporation.
(b)
Except as authorized by subsections (c), (d), and (e) of this section, a corporate name must be distinguishable upon the records of the Secretary of State from:
(1)
the corporate name of a nonprofit or business corporation incorporated or authorized to do business in this state;
(2)
a corporate name reserved or registered under §
4-33-402
or §
4-33-403
of this chapter or §
4-26-402
or §
4-27-402
; or
(3)
the fictitious name of a foreign business or nonprofit corporation authorized to transact business in this state because its real name is unavailable.
(c)
In determining whether or not a corporate name is distinguishable under subsection (b) of this section, a corporate name that is different from the name of another entity or filing is distinguishable unless the only difference is one (1) or more of the following:
(1)
a suffix;
(2)
a definite or indefinite article;
(3)
the word "and" and the symbol "&";
(4)
the singular, plural, or possessive form of a word; or
(5)
a punctuation mark or a symbol.
(d)
A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable upon the Secretary of State's records from one (1) or more of the names described in subsection (b) of this section. The Secretary of State shall authorize use of the name applied for if:
(1)
the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation; or
(2)
the applicant delivers to the Secretary of State a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.
(e)
A corporation may use the name (including the fictitious name) of another domestic or foreign business or nonprofit corporation that is used in this state if the other corporation is incorporated or authorized to do business in this state and the proposed user corporation:
(1)
has merged with the other corporation;
(2)
has been formed by reorganization of the other corporation; or
(3)
has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(f)
This chapter does not control the use of fictitious names.
Amended by Act 2023, No. 256,§ 7, eff. 8/1/2023.
Acts 1993, No. 1147, § 401.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 4 - NAMES (§§ 4-33-401 — 4-33-403) › Section 4-33-402 - Reserved name

(a)
A person may reserve the exclusive use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available by delivering an application to the Secretary of State for filing. Upon finding that the corporate name applied for is available, the Secretary of State shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.
(b)
The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee.
Acts 1993, No. 1147, § 402.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 4 - NAMES (§§ 4-33-401 — 4-33-403) › Section 4-33-403 - Registered name

(a)
A foreign corporation may register its corporate name, or its corporate name with any change required by §
4-33-1506
, if the name is distinguishable upon the records of the Secretary of State from:
(1)
the corporate name of a nonprofit or business corporation incorporated or authorized to do business in this state; and
(2)
a corporate name reserved under §
4-33-402
or §
4-26-402
or §
4-27-402
or registered under this section.
(b)
A foreign corporation registers its corporate name, or its corporate name with any change required by §
4-33-1506
by delivering to the Secretary of State an application:
(1)
setting forth its corporate name, or its corporate name with any change required by §
4-33-1506
, the state or country and date of its incorporation, and a brief description of the nature of the activities in which it is engaged; and
(2)
accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation.
(c)
The name is registered for the applicant's exclusive use upon the effective date of the application.
(d)
A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application, which complies with the requirements of subsection (b) of this section, between October 1 and December 31 of the preceding year. The renewal application renews the registration for the following calendar year.
(e)
A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under that name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name.
Acts 1993, No. 1147, § 403.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part A - ADMISSION OF MEMBERS (§§ 4-33-601 — 4-33-604) › Section 4-33-601 - Admission

(a)
The articles or bylaws may establish criteria or procedures for admission of members.
(b)
No person shall be admitted as a member without his or her consent.
Acts 1993, No. 1147, § 601.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part A - ADMISSION OF MEMBERS (§§ 4-33-601 — 4-33-604) › Section 4-33-602 - Consideration

Except as provided in its articles or bylaws, a corporation may admit members for no consideration or for such consideration as is determined by the board.
Acts 1993, No. 1147, § 602.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part A - ADMISSION OF MEMBERS (§§ 4-33-601 — 4-33-604) › Section 4-33-603 - No requirement of members

A corporation is not required to have members.
Acts 1993, No. 1147, § 603.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part B - TYPES OF MEMBERSHIPS - MEMBERS' RIGHTS AND OBLIGATIONS (§§ 4-33-610 — 4-33-615) › Section 4-33-610 - Differences in rights and obligations of members

All members shall have the same rights and obligations with respect to voting, dissolution, redemption and transfer, unless the articles or bylaws establish classes of membership with different rights or obligations. All members shall have the same rights and obligations with respect to any other matters, except as set forth in or authorized by the articles or bylaws.
Acts 1993, No. 1147, § 610.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part B - TYPES OF MEMBERSHIPS - MEMBERS' RIGHTS AND OBLIGATIONS (§§ 4-33-610 — 4-33-615) › Section 4-33-611 - Transfers

(a)
Except as set forth in or authorized by the articles or bylaws, no member of a mutual benefit corporation may transfer a membership or any right arising therefrom.
(b)
No member of a public benefit or religious corporation may transfer a membership or any right arising therefrom.
(c)
Where transfer rights have been provided, no restriction on them shall be binding with respect to a member holding a membership issued prior to the adoption of the restriction unless the restriction is approved by the members and the affected member.
Acts 1993, No. 1147, § 611.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part B - TYPES OF MEMBERSHIPS - MEMBERS' RIGHTS AND OBLIGATIONS (§§ 4-33-610 — 4-33-615) › Section 4-33-612 - Member's liability to third parties

A member of a corporation is not, as such, personally liable for the acts, debts, liabilities, or obligations of the corporation.
Acts 1993, No. 1147, § 612.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part B - TYPES OF MEMBERSHIPS - MEMBERS' RIGHTS AND OBLIGATIONS (§§ 4-33-610 — 4-33-615) › Section 4-33-613 - Member's liability for dues, assessments and fees

A member may become liable to the corporation for dues, assessments or fees; provided, however, that an article or bylaw provision or a resolution adopted by the board authorizing or imposing dues, assessments or fees does not, of itself, create liability.
Acts 1993, No. 1147, § 613.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part B - TYPES OF MEMBERSHIPS - MEMBERS' RIGHTS AND OBLIGATIONS (§§ 4-33-610 — 4-33-615) › Section 4-33-614 - Creditor's action against member

(a)
No proceeding may be brought by a creditor to reach the liability, if any, of a member to the corporation unless final judgment has been rendered in favor of the creditor against the corporation and execution has been returned unsatisfied in whole or in part or unless such proceeding would be useless.
(b)
All creditors of the corporation, with or without reducing their claims to judgment, may intervene in any creditor's proceeding brought under subdivision (a) of this section to reach and apply unpaid amounts due the corporation. Any or all members who owe amounts to the corporation may be joined in such proceeding.
Acts 1993, No. 1147, § 614.
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 33 - THE ARKANSAS NONPROFIT CORPORATION ACT OF 1993 (§§ 4-33-101 — 4-33-1707) › Subchapter 6 - MEMBERS AND MEMBERSHIP (§§ 4-33-601 — 4-33-640) › Part C - RESIGNATION AND TERMINATION (§§ 4-33-620 — 4-33-623) › Section 4-33-620 - Resignation

(a)
A member may resign at any time.
(b)
The resignation of a member does not relieve the member from any obligations the member may have to the corporation as a result of obligations incurred or commitments made prior to resignation.
Acts 1993, No. 1147, § 620.