reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 3 - BILLS OF LADING (§§ 4-59-301 — 4-59-307) › Section 4-59-305 - Inducing carrier to issue bill when goods have not been received

Any person who with intent to defraud secures the issue by a carrier of a bill, knowing that at the time of the issue any or all of the goods described in the bill as received for transportation have not been received by the carrier, or an agent of the carrier or a connecting carrier, or are not under the carrier's control, by inducing an officer, agent, or servant of the carrier falsely to believe that the goods have been received by the carrier or are under its control, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years or by a fine not exceeding five thousand dollars ($5,000), or by both.
Acts 1941, No. 264, § 49; A.S.A. 1947, § 68-1149.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 3 - BILLS OF LADING (§§ 4-59-301 — 4-59-307) › Section 4-59-306 - Negotiation of bill for unowned or mortgaged goods

Any person who ships goods to which he or she does not have title or upon which there is a lien or mortgage and who takes for such goods a negotiable bill which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the lien or mortgage shall be guilty of a Class A misdemeanor.
Acts 1941, No. 264, § 47; A.S.A. 1947, § 68-1147; Acts 2005, No. 1994, § 215.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 3 - BILLS OF LADING (§§ 4-59-301 — 4-59-307) › Section 4-59-307 - Negotiation of bill when goods are not in carrier's possession

Any person who with intent to deceive negotiates or transfers for value a bill, knowing that any or all of the goods which by the terms of the bill appear to have been received for transportation by the carrier which issued the bill are not in the possession or control of the carrier or of a connecting carrier, without disclosing this fact, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years or by a fine not exceeding five thousand dollars ($5,000), or by both.
Acts 1941, No. 264, § 48; A.S.A. 1947, § 68-1148.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 4 - WAREHOUSE RECEIPTS (§§ 4-59-401 — 4-59-406) › Section 4-59-401 - Issuance of receipt for goods not received or controlled

A warehouseman or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt, knowing that the goods for which the receipt is issued have not been actually received by the warehouseman or are not under his actual control at the time of issuing the receipt, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years or by a fine not exceeding five thousand dollars ($5,000), or by both.
Acts 1915, No. 273, § 50; C. & M. Dig., § 10394; Pope's Dig., § 14462; A.S.A. 1947, § 68-1250.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 4 - WAREHOUSE RECEIPTS (§§ 4-59-401 — 4-59-406) › Section 4-59-402 - Fraudulent issuance of receipt containing false statement

A warehouseman or any officer, agent, or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods, knowing that it contains any false statement, shall be guilty of a Class A misdemeanor.
Acts 1915, No. 273, § 51; C. & M. Dig., § 10395; Pope's Dig., § 14463; A.S.A. 1947, § 68-1251; Acts 2005, No. 1994, § 216.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 4 - WAREHOUSE RECEIPTS (§§ 4-59-401 — 4-59-406) › Section 4-59-403 - Issuance of duplicate receipt not so marked

A warehouseman or any officer, agent, or servant of a warehouseman who issues or aids in issuing a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word "Duplicate" shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years or by a fine not exceeding five thousand dollars ($5,000), or by both.
Acts 1915, No. 273, § 52; C. & M. Dig., § 10396; Pope's Dig., § 14464; A.S.A. 1947, § 68-1252.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 4 - WAREHOUSE RECEIPTS (§§ 4-59-401 — 4-59-406) › Section 4-59-404 - Issuance of receipt for goods owned by warehouseman without statement of ownership

Where there are deposited with or held by a warehouseman goods of which he or she is owner, either solely, jointly, or in common with others, the warehouseman or any of his or her officers, agents, or servants who knowing of his or her ownership issue or aid in issuing a negotiable receipt for the goods which does not state the ownership, shall be guilty of a Class A misdemeanor.
Acts 1915, No. 273, § 53; C. & M. Dig., § 10397; Pope's Dig., § 14465; A.S.A. 1947, § 68-1253; Acts 2005, No. 1994, § 217.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 4 - WAREHOUSE RECEIPTS (§§ 4-59-401 — 4-59-406) › Section 4-59-405 - Delivering goods without obtaining negotiable receipt

A warehouseman or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of the warehouseman without obtaining the possession of the receipt at or before the time of the delivery, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, is outstanding and uncancelled shall be guilty of a Class A misdemeanor.
Acts 1915, No. 273, § 54; C. & M. Dig., § 10398; Pope's Dig., § 14466; A.S.A. 1947, § 68-1254; Acts 2005, No. 1994, § 217.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 4 - WAREHOUSE RECEIPTS (§§ 4-59-401 — 4-59-406) › Section 4-59-406 - Negotiation of receipt by depositor of encumbered or another's goods without disclosing facts

Any person who deposits goods to which he or she has no title or upon which there is a lien or mortgage, and who takes for the goods a negotiable receipt which he or she afterward negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the lien or mortgage, shall be guilty of a Class A misdemeanor.
Acts 1915, No. 273, § 55; C. & M. Dig., § 10399; Pope's Dig., § 14467; A.S.A. 1947, § 68-1255; Acts 2005, No. 1994, § 217.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 5 - FACTORING OF FINANCIAL TRANSACTION CARD RECORDS OF SALE (§§ 4-59-501 — 4-59-503) › Section 4-59-501 - Definitions

The following words and phrases as used in this subchapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1)
"Acquirer" means a business organization, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by financial transaction card for money, goods, services, or anything else of value;
(2)
"Cardholder" means the person or organization named on the face of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer;
(3)
"Financial transaction card" means any instrument or device, whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the cardholder:
(A)
In obtaining money, goods, services, or anything else of value on credit; or
(B)
In certifying or guaranteeing to a person or business the availability to the cardholder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business; or
(C)
In providing the cardholder access to a demand deposit account or time deposit account for the purpose of:
(i)
Making deposits of money or checks therein; or
(ii)
Withdrawing funds in the form of money, money orders, or traveler's checks therefrom; or
(iii)
Transferring funds from any demand deposit account or time deposit account to any other demand deposit account or time deposit account; or
(iv)
Transferring funds from any demand deposit account or time deposit account to any credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or partial satisfaction of any outstanding balance owed existing therein; or
(v)
For the purchase of goods, services, or anything else of value; or
(vi)
Obtaining information pertaining to any demand deposit account or time deposit account; and
(4)
"Issuer" means the business organization or financial institution or its duly authorized agent which issues a financial transaction card.
Acts 1991, No. 785, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 5 - FACTORING OF FINANCIAL TRANSACTION CARD RECORDS OF SALE (§§ 4-59-501 — 4-59-503) › Section 4-59-502 - Remission to acquirer of record of sale not made by remitter

(a)
A person authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card or a financial transaction card account number by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, acquirer, or cardholder, remits to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such person, his or her agent or employee, is guilty of financial transaction card fraud.
(b)
Any person violating this section is guilty of a Class C felony.
Acts 1991, No. 785, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 59 - FRAUD (§§ 4-59-101 — 4-59-503) › Subchapter 5 - FACTORING OF FINANCIAL TRANSACTION CARD RECORDS OF SALE (§§ 4-59-501 — 4-59-503) › Section 4-59-503 - Solicitation of merchant to remit record of sale not made by merchant

Any person who, without the acquirer's express authorization, employs or solicits an authorized merchant, or any agent or employee of such merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of sale, which sale was not made by such merchant, his or her agent, or employee, is guilty of a Class C felony.
Acts 1991, No. 785, § 3.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 60 - CHECKS (§§ 4-60-101 — 4-60-103) › Section 4-60-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Check" means a written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer;
(2)
"Drawee" means the bank or purported bank upon which a check is drawn;
(3)
"Drawer" means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature is that of himself or herself or a person authorized to draw the check in his or her behalf; and
(4)
"Issue" means make, draw, deliver, or pass a check.
Acts 1987, No. 66, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 60 - CHECKS (§§ 4-60-101 — 4-60-103) › Section 4-60-102 - Applicability

This chapter does not apply to the laws governing the imposition of a penalty for checks written on accounts which have insufficient funds and which checks are payable to either the Secretary of the Department of Finance and Administration or to the Department of Finance and Administration for any taxes, licenses, or fees imposed by any laws of this state.
Amended by Act 2019, No. 910,§ 3355, eff. 7/1/2019.
Acts 1987, No. 66, § 3.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 5 - CONTRACTS, NOTES, AND OTHER COMMERCIAL INSTRUMENTS (§§ 4-56-101 — 4-60-103) › Chapter 60 - CHECKS (§§ 4-60-101 — 4-60-103) › Section 4-60-103 - Liability for restitution

(a)
A person who issues a check that is not paid because the check was written on an account with insufficient funds has fifteen (15) days following the date of a written demand mailed or delivered to the drawer of the check at the address shown on the check or his or her last known address to pay to the holder of the check or his or her agent the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored.
(b)
(1)
A person who fails to make restitution as set forth in subsection (a) of this section and who fails to pay the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within thirty (30) days following the date of a written demand mailed to the drawer by certified mail, return receipt requested, to the address shown on the check or his or her last known address is liable to the holder of the check or his or her agent for:
(A)
Twice the amount of the check, but in no case less than fifty dollars ($50.00); and
(B)
A collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored.
(2)
The prevailing party may recover court costs and reasonable attorney's fees after suit has been filed.
(c)
(1)
This section does not prevent the criminal prosecution of the person who issues the check.
(2)
However, any payment made by the defendant to a victim under an order for restitution entered in a criminal prosecution shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event.
Acts 1987, No. 66, § 2; 1995, No. 335, § 1; 1995, No. 1004, § 1; 2001, No. 996, § 1; 2011, No. 1012, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 1 - RIGHTS GENERALLY (§§ 4-70-101 — 4-70-104) › Section 4-70-102 - Advertisement by giving away prizes lawful

The method of business advertising conducted in this state by the giving away of prizes consisting of money or other thing of value where no payment of money or other thing of value is required of participants in the awards, whether the advertising plan is entitled "Bank Night", "Buck Night", or any other name whatsoever, is declared to be a legal form of advertising.
Acts 1937, No. 238, § 1; Pope's Dig., § 13396; A.S.A. 1947, § 71-1804.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 1 - RIGHTS GENERALLY (§§ 4-70-101 — 4-70-104) › Section 4-70-103 - Tickets sold over the internet - Definition

(a)
Tickets of admission to a live entertainment event, theatre, musical performance, or place of public entertainment or amusement of any kind shall not be offered for sale by any person over the internet until the tickets have been placed on sale by the venue or entity hosting the event or its authorized agent.
(b)
Internet portals or websites shall not allow a person to offer for resale a ticket of admission to a live entertainment event, theatre, musical performance, or place of public entertainment or amusement of any kind until the tickets have been placed on sale by the venue or entity hosting the event or its authorized agent.
(c)
This section does not apply to sporting or athletic events.
(d)
As used in this section, "placed on sale" means the date and time when tickets are made available for sale to the general public, including without limitation to fan clubs, businesses, and persons for promotional activities.
Amended by Act 2015, No. 860,§ 1, eff. 7/22/2015.
Acts 2009, No. 573, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 1 - RIGHTS GENERALLY (§§ 4-70-101 — 4-70-104) › Section 4-70-104 - Heavy equipment rental recovery fee - Definitions

(a)
As used in this section:
(1)
"Heavy equipment property" means personal property owned by a business classified within sectors 532310 or 532412 of the North American Industry Classification System, as in effect on January 1, 2017;
(2)
"Rental" or "renting" means the rental by a dealer of heavy equipment property:
(A)
For a period of less than one (1) year or for an undefined period; or
(B)
Under a contract with unlimited terms; and
(3)
"Rental charge" means the total charge for the rental of heavy equipment property, excluding any separately itemized costs representing charges for related nonrental items, including without limitation pickup and delivery, fuel, or a damage waiver.
(b)
Except as provided in subsection (c) of this section, a person in the business of renting heavy equipment property in this state may include in a rental agreement or on a rental invoice a recovery fee of one and twenty-five-hundredths percent (1.25%) of the rental charge for the rental of an item of heavy equipment property to a customer located in the state.
(c)
The recovery fee provided for in this section shall:
(1)
Not be collected on a rental of heavy equipment property to the United States or this state, including without limitation a county, city, town, agency, board, commission, or institution of this state; and
(2)
Be exempt from state and local sales and use taxes.
(d)
A business that collects a recovery fee as provided in this section shall:
(1)
Account for and hold the recovery fees separately from all other business receipts;
(2)
Use the amount of the recovery fee collected under this section solely to pay ad valorem taxes levied on the business's tangible personal property located in this state; and
(3)
(A)
By February 15 of each year, remit to the county in which the business was assessed ad valorem taxes on heavy equipment property any recovery fees collected in the immediately preceding calendar year that exceed the aggregate ad valorem taxes that the business actually paid in that calendar year on the heavy equipment property of the business.
(B)
If a business that collects a recovery fee under this section pays ad valorem taxes on heavy equipment property in more than one (1) county, the business shall remit any excess recovery fees not used to pay ad valorem taxes on heavy equipment property of the business to each county based on the ratio of ad valorem taxes paid to the county in the immediately preceding calendar year on the heavy equipment property of the business to the total of all ad valorem taxes paid in any county in the immediately preceding calendar year on heavy equipment property of the business.
(e)
This section does not exempt heavy equipment property from ad valorem taxes.
Added by Act 2017, No. 394,§ 1, eff. 1/1/2018.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 2 - BUSINESS UNDER ASSUMED NAME (§§ 4-70-201 — 4-70-206) › Section 4-70-201 - Applicability of subchapter

(a)
This subchapter shall not apply to any limited partnership which has filed its certificate of limited partnership with the Secretary of State pursuant to §
4-47-201
or any successor law.
(b)
This subchapter shall not apply to any domestic or foreign corporation or to any domestic or foreign limited partnership or limited liability company lawfully doing business in this state.
(c)
This subchapter shall not apply to any limited liability company which has filed its certificate of organization with the Secretary of State pursuant to §
4-38-201
.
Amended by Act 2023, No. 108,§ 6, eff. 8/1/2023.
Amended by Act 2021, No. 1041,§ 29, eff. 7/28/2021.
Acts 1943, No. 11, § 4; 1977, No. 874, § 3; A.S.A. 1947, §§ 70-404, 70-406; Acts 1997, No. 479, § 7; 1997, No. 549, § 1; 1997, No. 912, § 12; 1999, No. 1528, § 7; 2007, No. 15, § 7.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 2 - BUSINESS UNDER ASSUMED NAME (§§ 4-70-201 — 4-70-206) › Section 4-70-202 - Penalties

(a)
Any person owning, carrying on, or transacting business as designated in this subchapter who fails to comply with any provision of this subchapter shall be guilty of a violation and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
(b)
Each day of the violation shall be a separate offense.
Acts 1943, No. 11, § 5; A.S.A. 1947, § 70-405; Acts 2005, No. 1994, § 38.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 2 - BUSINESS UNDER ASSUMED NAME (§§ 4-70-201 — 4-70-206) › Section 4-70-203 - Doing business under assumed name - Certificate

(a)
No person shall conduct or transact business in this state under an assumed name or under any designated name or style, corporate or otherwise, other than the real name of the individual conducting or transacting such business, unless the person files a certificate in the office of the county clerk of the counties in which the person conducts or transacts or intends to conduct the business. The certificate shall set forth the name under which the business is, or is to be, conducted or transacted and the full name or names of each person conducting or transacting the business, with the post office address of each.
(b)
The certificate shall be executed and duly acknowledged by the persons so conducting or intending to conduct the business in the manner provided for in acknowledgment of conveyances of real estate.
Acts 1943, No. 11, § 1; A.S.A. 1947, § 70-401.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 2 - BUSINESS UNDER ASSUMED NAME (§§ 4-70-201 — 4-70-206) › Section 4-70-204 - Certificate of withdrawal from or disposition of interest in business

Wherever there is a change in ownership of any business operated under an assumed name, each person disposing of his or her interest in the business or withdrawing therefrom shall file a certificate with the county clerk of each county in which the business is being conducted. This certificate shall set forth the fact of the withdrawal from or disposition of interest in the business and shall be executed and duly acknowledged as directed in §
4-70-203
.
Acts 1943, No. 11, § 2; A.S.A. 1947, § 70-402.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 2 - BUSINESS UNDER ASSUMED NAME (§§ 4-70-201 — 4-70-206) › Section 4-70-205 - Certified copy of certificate as presumptive evidence

A copy of the certificate duly certified by the county clerk in whose office the certificate was filed shall be presumptive evidence in all courts in this state of the facts therein contained.
Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 2 - BUSINESS UNDER ASSUMED NAME (§§ 4-70-201 — 4-70-206) › Section 4-70-206 - Clerk's index and filing fees

(a)
Each county clerk shall keep an alphabetical index of persons filing certificates provided for in this subchapter.
(b)
For indexing and filing the certificate, the clerk shall receive a fee of one dollar ($1.00).
Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 3 - SALES REPRESENTATIVES (§§ 4-70-301 — 4-70-306) › Section 4-70-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Commission" means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for, or sales of, the principal's product;
(2)
"Principal" means a person who:
(A)
Does not have a permanent or fixed place of business in this state;
(B)
Manufactures, produces, imports, or distributes a product for sale to customers who purchase the product for resale;
(C)
Uses a sales representative to solicit orders for the product; and
(D)
Compensates the sales representative in whole or in part by commission; and
(3)
"Sales representative" means a person who solicits on behalf of a principal orders for the purchase at wholesale of the principal's product. The term "sales representative" does not include a person who places orders for or purchases the product for his or her own account for resale, or is engaged in door-to-door sales regulated by §
4-89-101
et seq.
Acts 1989, No. 464, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 3 - SALES REPRESENTATIVES (§§ 4-70-301 — 4-70-306) › Section 4-70-302 - Sales representatives' contracts - Limitation

(a)
A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must be in writing and set forth the method by which the sales representative's commission is to be computed and paid.
(b)
The principal shall provide the sales representative with a copy of the contract.
(c)
A provision in the contract establishing venue for an action arising under the contract in a state other than this state is void.
Acts 1989, No. 464, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 3 - SALES REPRESENTATIVES (§§ 4-70-301 — 4-70-306) › Section 4-70-303 - Payment in absence of contract

If a compensation agreement between a sales representative and a principal that is not in writing is terminated, the principal shall pay all commissions due the sales representative within thirty (30) working days after the date of the termination.
Acts 1989, No. 464, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 3 - SALES REPRESENTATIVES (§§ 4-70-301 — 4-70-306) › Section 4-70-304 - Jurisdiction

A principal who is not a resident of this state and who enters into a contract subject to this subchapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
Acts 1989, No. 464, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 3 - SALES REPRESENTATIVES (§§ 4-70-301 — 4-70-306) › Section 4-70-305 - Waivers prohibited

A provision of this subchapter may not be waived, whether by express waiver or by attempt to make a contract or agreement subject to the laws of another state. A waiver of a provision of this subchapter is void.
Acts 1989, No. 464, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 70 - GENERAL PROVISIONS (§§ 4-70-101 — 4-70-306) › Subchapter 3 - SALES REPRESENTATIVES (§§ 4-70-301 — 4-70-306) › Section 4-70-306 - Damages and attorney's fees

A principal who fails to comply with a provision of a contract under §
4-70-302
relating to payment of a commission or fails to pay a commission as required by §
4-70-303
is liable to the sales representative in a civil action for three (3) times the damages sustained by the sales representative, plus reasonable attorney's fees and costs.
Acts 1989, No. 464, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-202 - Registrability

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(1)
Consists of or comprises immoral, deceptive, or scandalous matter;
(2)
Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
(3)
Consists of or comprises the flag or coat of arms or other insignia of the United States, any state or municipality, or any foreign nation, or any simulation;
(4)
Consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent;
(5)
(A)
Consists of a mark which:
(i)
When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(ii)
When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(iii)
Is primarily merely a surname.
(B)
(i)
Provided, however, that nothing in this subdivision (5) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services.
(ii)
The Secretary of State may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or
(6)
Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.
Acts 1997, No. 1109, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-203 - Application for registration

(a)
Subject to the limitations set forth in this subchapter, any person who uses a mark may file in the office of the Secretary of State, in a manner complying with the requirements of the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:
(1)
The name and business address of the person applying for such registration and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State;
(2)
The goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;
(3)
The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or predecessor in interest; and
(4)
A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion or mistake or to deceive.
(b)
(1)
The Secretary of State may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office and, if so, the applicant shall provide full particulars with respect thereto, including the filing date and serial number of each application, the status thereof, and, if any application was finally refused registration or has otherwise not resulted in registration, the reasons therefor.
(2)
The Secretary of State may also require that a drawing of the mark, complying with such requirements as the Secretary of State may specify, accompany the application.
(3)
The application shall be signed and verified by oath, affirmation, or declaration subject to perjury laws by the applicant or by a member of the firm or an officer of the corporation or association applying.
(4)
The application shall be accompanied by three (3) specimens showing the mark as actually used.
(5)
The application shall be accompanied by the application fee payable to the Secretary of State.
Acts 1997, No. 1109, § 3.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-205 - Certificate of registration

(a)
Upon compliance by the applicant with the requirements of this subchapter, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant.
(b)
The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date, and the term of the registration.
(c)
Any certificate of registration issued by the Secretary of State under the provisions hereof or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of a mark in any actions or judicial proceedings in any court of this state.
Acts 1997, No. 1109, § 5.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-206 - Duration and renewal

(a)
(1)
A registration of a mark under this subchapter shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of that term, in a manner complying with the requirements of the Secretary of State, the registration may be renewed for a like term from the end of the expiring term.
(2)
A renewal fee, payable to the Secretary of State, shall accompany the application for renewal of the registration.
(3)
A registration may be renewed for successive periods of five (5) years in like manner.
(b)
Any registration in force on August 1, 1997, shall continue in full force and effect for the unexpired term and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee within six (6) months prior to the expiration of the registration.
(c)
All applications for renewal under this subchapter, whether of registrations made under this subchapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
Acts 1997, No. 1109, § 6.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-207 - Assignments, changes of name, and other instruments

(a)
(1)
Any mark and its registration under this subchapter shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark.
(2)
Assignment shall be by instruments in writing duly executed and shall be recorded with the Secretary of State upon the payment of the recording fee payable to the Secretary of State, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof.
(3)
An assignment of any registration under this subchapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the Secretary of State within three (3) months after the date thereof or prior to such subsequent purchase.
(b)
(1)
Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the Secretary of State upon payment of the recording fee.
(2)
(A)
The Secretary of State may issue in the name of the assignee a certificate of registration of an assigned application.
(B)
The Secretary of State may issue in the name of the assignee a new certificate or registration for the remainder of the term of the registration or last renewal thereof.
(c)
Other instruments which relate to a mark registered or application pending pursuant to this subchapter such as, by way of example, licenses, security interests, or mortgages, may be recorded in the discretion of the Secretary of State provided that such instrument is in writing and duly executed.
(d)
Acknowledgement shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the Secretary of State, the record shall be prima facie evidence of execution.
(e)
A photocopy of any instrument referred to in subsection (a), (b), or (c) of this section shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.
Acts 1997, No. 1109, § 7.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-208 - Records

The Secretary of State shall keep for public examination a record of all marks registered or renewed under this subchapter, as well as a record of all documents recorded pursuant to §
4-71-207
.
Acts 1997, No. 1109, § 8.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-209 - Cancellation

The Secretary of State shall cancel from the register, in whole or in part:
(1)
Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;
(2)
All registrations granted under this subchapter and not renewed in accordance with the provisions of this subchapter;
(3)
Any registration concerning which a court of competent jurisdiction shall find that:
(A)
The registered mark has been abandoned;
(B)
The registrant is not the owner of the mark;
(C)
The registration was granted improperly;
(D)
The registration was obtained fraudulently;
(E)
The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(F)
(i)
The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant under this subchapter, and not abandoned, as to be likely to cause confusion or mistake or to deceive.
(ii)
Provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this subchapter shall not be cancelled for that area of the state; or
(4)
Any registration that a court of competent jurisdiction shall order cancelled on any ground.
Acts 1997, No. 1109, § 9.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-210 - Classification

(a)
The Secretary of State shall by rule establish a classification of goods and services for convenience of administration of this subchapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services.
(b)
When a single application includes goods or services which fall within multiple classes, the Secretary of State may require payment of a fee for each class.
(c)
To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.
Amended by Act 2019, No. 315,§ 127, eff. 7/24/2019.
Acts 1997, No. 1109, § 10.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-211 - Fraudulent registration

Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this subchapter by knowingly making any false or fraudulent representation or declaration orally or in writing or by any other fraudulent means shall be liable to pay all damages sustained in consequence of such filing or registration to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Acts 1997, No. 1109, § 11.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 71 - TRADEMARKS AND LABELS (§§ 4-71-101 — 4-71-218) › Subchapter 2 - REGISTRATION AND PROTECTION (§§ 4-71-201 — 4-71-218) › Section 4-71-212 - Infringement

Subject to the provisions of §
4-71-216
, any person who shall commit the following acts shall be liable in a civil action by the registrant for any and all of the remedies provided in §
4-71-214
, except that under this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive:
(1)
To use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this subchapter in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2)
To reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services.
Acts 1997, No. 1109, § 12.