Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-104 - Registration procedures - Fees - Duration

(a)
(1)
Not less than ten (10) days before doing business in this state, a telephonic seller shall register with the Secretary of State by filing the information required by this chapter and a filing fee of one hundred dollars ($100).
(2)
A seller shall be deemed to do business in this state if the seller solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state.
(b)
Registration of a telephonic seller shall be valid for one (1) year from the effective date thereof and may be renewed by making the filing required by this chapter and paying a filing fee of one hundred dollars ($100).
(c)
The information required by this chapter shall be submitted on a form prescribed by the Secretary of State and shall be verified by a declaration signed by each principal of the telephonic seller under penalty of perjury.
(d)
(1)
Except as provided in subdivision (d)(2) of this section and before expiration of a seller's annual registration, if there is a material change in the information required under this chapter, the seller shall, within ten (10) days, file an addendum updating the information with the Secretary of State.
(2)
Changes in salespersons soliciting on behalf of a seller shall be updated in quarterly intervals computed from the effective date of registration.
(e)
(1)
Upon receipt of a filing and filing fee under subsection (a) or subsection (b) of this section, the Secretary of State shall send the telephonic seller a written confirmation of registration.
(2)
If the seller has more than one (1) business location, the confirmation of registration shall be sent to the principal business location identified in the seller's filing in sufficient number so that the seller has a confirmation of registration for each location to be displayed in a conspicuous place at each of the seller's business locations and available for inspection by any governmental agency at each location.
(3)
Until confirmation of registration is received and posted, the seller shall post in a conspicuous place at each of the seller's business locations within this state a copy of the first page of the registration form sent to the Secretary of State.
(f)
(1)
Every salesperson shall be employed in a principal-agent relationship by a telephonic seller registered under this chapter and shall, within seventy-two (72) hours after accepting such employment, register with the Secretary of State.
(2)
An application for registration shall be on a form prescribed by the Secretary of State, verified by a declaration signed by each salesperson under penalty of perjury, and shall be accompanied by a fee in the sum of ten dollars ($10.00).
(3)
When effective, the registration shall be for a period of one (1) year and may be renewed upon the payment of the fee prescribed in this section for additional one-year periods.
(g)
All fees collected by the Secretary of State under this section shall be deposited into the State Treasury as general revenues.
Amended by Act 2017, No. 728,§ 2, eff. 1/1/2018.
Acts 1993, No. 137, § 4.