reglab/statecodes huggingface dataset:
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 4-71-213 - Injury to business reputation - Dilution

(a)
(1)
The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section.
(2)
In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to:
(A)
The degree of inherent or acquired distinctiveness of the mark in this state;
(B)
The duration and extent of use of the mark in connection with the goods and services with which the mark is used;
(C)
The duration and extent of advertising and publicity of the mark in this state;
(D)
The geographical extent of the trading area in which the mark is used;
(E)
The channels of trade for the goods or services with which the mark is used;
(F)
The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;
(G)
The nature and extent of use of the same or similar mark by third parties; and
(H)
Whether the mark is the subject of a state registration in this state, or a federal registration under the act of March 3, 1881, or under the act of February 20, 1905, or on the principal register.
(b)
(1)
In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark.
(2)
If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this subchapter, subject to the discretion of the court and the principles of equity.
(c)
The following shall not be actionable under this section:
(1)
Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark;
(2)
Noncommercial use of the mark; and
(3)
All forms of news reporting and news commentary.
Acts 1997, No. 1109, § 13.
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 4-71-214 - Remedies

(a)
(1)
(A)
Any owner of a mark registered under this subchapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of that mark and any court of competent jurisdiction may grant injunctions to restrain any manufacture, use, display, or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to the owner all profits derived from or all damages suffered by reason of, or both, such wrongful manufacture, use, display, or sale.
(B)
The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant to be destroyed.
(2)
The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages or reasonable attorney's fees of the prevailing party, or both, in cases where the court finds the other party committed wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b)
The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any penal law of this state.
Acts 1997, No. 1109, § 14.
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 4-71-215 - Forum for actions regarding registration - Service on out-of-state registrants

(a)
(1)
Actions to require cancellation of a mark registered pursuant to this subchapter or in mandamus to compel registration of a mark pursuant to this subchapter shall be brought in the circuit court.
(2)
(A)
In an action in mandamus, the proceeding shall be based solely upon the record before the Secretary of State.
(B)
In an action for cancellation, the Secretary of State shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.
(b)
In any action brought against a nonresident registrant, service may be effected upon the Secretary of State as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under §§
16-58-126
and
16-58-127
.
Acts 1997, No. 1109, § 15.
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 4-71-216 - Common law rights

Nothing in this subchapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Acts 1997, No. 1109, § 16.
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 4-71-217 - Fees

(a)
The Secretary of State shall by rule prescribe the fees payable for the various applications and recording fees and for related services.
(b)
Unless specified by the Secretary of State, the fees payable in this subchapter are not refundable.
Amended by Act 2019, No. 315,§ 128, eff. 7/24/2019.
Acts 1997, No. 1109, § 17.
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 4-71-218 - Repeal of prior acts - Intent of subchapter

(a)
(1)
This subchapter shall not affect any suit, proceeding, or appeal pending prior to August 1, 1997.
(2)
(A)
All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on August 1, 1997.
(B)
Provided, that as to any application, suit, proceeding, or appeal pending at the time this subchapter takes effect, and for that purpose only, such repeal shall be deemed not to be effective until final determination of said pending application, suit, proceeding, or appeal.
(b)
(1)
The intent of this subchapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended.
(2)
To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this subchapter.
Acts 1997, No. 1109, § 20.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-201 - Title

This subchapter shall be known and may be cited as the "Arkansas Franchise Practices Act".
Acts 1977, No. 355, § 1; A.S.A. 1947, § 70-807.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-203 - Applicability of subchapter

(a)
(1)
This subchapter applies only to a franchise entered into, renewed, or transferred after March 4, 1977, the performance of which contemplates or requires the franchise to establish or maintain a place of business within the State of Arkansas.
(2)
To the fullest extent permitted by the United States Constitution and the Arkansas Constitution, this subsection is intended to apply to a franchise:
(A)
In existence on August 1, 2023; and
(B)
Granted, renewed, or transferred after August 1, 2023.
(b)
This subchapter does not apply to those business relations, actions, transactions, or franchises subject to §
4-72-401
et seq. and §
4-72-501
et seq. or to any franchise for which the initial franchise fee paid by the franchisee or franchise owner to the franchisor does not exceed twenty thousand dollars ($20,000) and the initial term of the franchise does not exceed one (1) year.
(c)
Notwithstanding the provisions of subsection (b) of this section, this subchapter applies to the relationship between a wholesaler and a supplier of wine, spirits, beer, nonalcoholic beverages, or any other alcoholic beverage regardless of the initial franchise fee, if any, or initial term of the franchise.
Amended by Act 2023, No. 847,§ 3, eff. 8/1/2023, app. retroactively to the effective date of Acts 1991, No. 411.
Acts 1977, No. 355, § 3; A.S.A. 1947, § 70-809; Acts 1991, No. 760, § 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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-204 - Termination, cancellation, or failure to renew

(a)
It shall be a violation of this subchapter for a franchisor to:
(1)
Terminate or cancel a franchise without good cause; or
(2)
Fail to renew a franchise except for good cause or except in accordance with the current policies, practices, and standards established by the franchisor which in their establishment, operation, or application are not arbitrary or capricious.
(b)
No franchisor shall directly or indirectly terminate, cancel, or fail to renew a franchise without first giving written notice to the franchisee at least ninety (90) days in advance of such action, setting forth the reasons for the termination, cancellation, or intention not to renew, and, in the case of terminations, shall provide the franchisee with thirty (30) days in which to rectify any claimed deficiency.
(c)
The notice provisions of this section shall not apply where the reason for termination or cancellation is good cause under §
4-72-202(5)(C)
-(H).
(d)
If the reason for termination, cancellation, or failure to renew is for repeated deficiencies within a twelve-month period giving rise to good cause under §
4-72-202(5)(A) or (B)
, the franchisee shall have ten (10) days to rectify the repeated deficiencies and thereby void the notice.
Acts 1977, No. 355, §§ 4, 5; A.S.A. 1947, §§ 70-810, 70-811.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-205 - Transfer, assignment, or sale of franchise

(a)
Except as provided in subsection (d) of this section, it is a violation of this subchapter for a franchisee or a franchise owner to transfer, assign, or sell a franchise or interest therein to another person unless the franchisee or the franchise owner first notifies the franchisor of that intention by written notice, stating in the notice of intent the prospective transferee's name, address, statement of financial qualification, and business experience during the previous five (5) years.
(b)
(1)
Within thirty (30) days after receipt of the notice under subsection (a) of this section, the franchisor shall:
(A)
Approve in writing to the franchisee or to the franchise owner the sale, transfer, or assignment to the proposed transferee; or
(B)
By written notice advise the franchisee and franchise owner of the unacceptability of the proposed transferee, stating a material deficiency relating to the character, financial ability, or business experience of the proposed transferee based on the application of the franchisor's then-existing standards consistently and uniformly applied to similarly situated franchisees operating within the franchise brand.
(2)
If the franchisor does not reply within the specified thirty (30) days, the franchisor's approval is deemed granted.
(c)
A transfer, assignment, or sale under this section shall not be valid unless the transferee agrees in writing to comply with the reasonable and legal requirements of the franchise then in effect.
(d)
A franchisor's approval is not required for a transfer of a franchise by a franchisee or franchise owner to the spouse, child, or heir of the franchisee or franchise owner who is operationally and financially qualified.
(e)
It is a violation of this subchapter for a franchisor or the franchisor's related entities, affiliates, or assigns to exercise a right of first refusal with respect to a franchisee's transfer, assignment, or sale in the case of a transfer, sale, or assignment under subsection (d) of this section.
(f)
Except as provided in subsection (d) of this section, this section does not prohibit a franchisor from exercising a contractual right of first refusal to purchase a franchise or all or substantially all of the assets of a franchise business after receiving a bona fide offer from a proposed purchaser to purchase the franchise or assets of a franchise business on precisely the terms and conditions stated in the bona fide offer.
Amended by Act 2023, No. 847,§ 4, eff. 8/1/2023, app. only to franchise agreements or contracts entered into or renewed on and after the effective date of this act..
Acts 1977, No. 355, § 6; A.S.A. 1947, § 70-812.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-206 - Unlawful practices of franchisors

(a)
It is a violation of this subchapter for a franchisor, through an officer, agent, or employee to engage directly or indirectly in any of the following practices:
(1)
To require a franchisee at the time of entering into a franchise arrangement to assent to a release, assignment, novation, waiver, or estoppel which would relieve a person from liability imposed by this subchapter;
(2)
To prohibit directly or indirectly the right of free association among franchisees for a lawful purpose;
(3)
To require or prohibit a change in management of a franchisee unless the requirement or prohibition of change is for a reasonable cause, which cause shall be stated in writing by the franchisor;
(4)
To restrict the sale of any equity or debenture issue or the transfer of any security of a franchisee or in any way prevent or attempt to prevent the transfer, sale, or issuance of shares of stock or debentures to employees, personnel of the franchisee, or heirs of the principal owner as long as basic financial requirements of the franchisor are complied with, if the sale, transfer, or issuance does not have the effect of accomplishing a sale of the franchise;
(5)
To provide any term or condition in a lease or other agreement ancillary or collateral to a franchise, which term or condition directly or indirectly violates this subchapter;
(6)
To refuse to deal with a franchise in a commercially reasonable manner and in good faith; or
(7)
To collect a percentage of the franchisee's sales as an advertising fee and not use these funds for the purpose of advertising the business conducted by the franchisee.
(b)
A condition, stipulation, or provision requiring the application of the law of another state in lieu of this subchapter is void.
Amended by Act 2019, No. 835,§ 1, eff. 7/24/2019.
Acts 1977, No. 355, § 7; A.S.A. 1947, § 70-813.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-207 - Misleading and fraudulent schemes - Penalty - Prosecutions

(a)
It shall be unlawful for any person, directly or indirectly, in connection with the offer, sale, purchase, transfer, or assignment of any franchise in this state to knowingly:
(1)
Employ any device, scheme, or artifice to defraud;
(2)
Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or
(3)
Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
(b)
Any violation of this section shall be a Class B felony.
(c)
Prosecutions for offenses committed in violation of this section must be commenced within five (5) years from the date of the crime or within five (5) years from the date of the commission of the last overt act in furtherance of the scheme to defraud.
Acts 1977, No. 355, § 8; A.S.A. 1947, § 70-814.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-208 - Franchisee's remedies

(a)
Any franchisee who is harmed by a violation or violations of §
4-72-207
shall be entitled to recover treble damages in a civil action and, where appropriate, obtain injunctive relief in addition to reasonable attorney's fees and costs of litigation.
(b)
Any franchisee who is harmed by a violation of any other section of this subchapter shall be entitled to recover actual damages in a civil action and, where appropriate, obtain injunctive relief in addition to reasonable attorney's fees and costs of litigation.
(c)
In addition to the other remedies provided for in this subchapter, the Attorney General shall have authority to file a petition in the circuit court of the county in which the State Capitol is located, seeking an injunction prohibiting any person, firm, corporation, partnership, or other entity from engaging in any of the practices prohibited by this subchapter. However, nothing shall prohibit the Securities Commissioner from taking appropriate action whenever a franchise constitutes a security under the Arkansas Securities Act, §
23-42-101
et seq.
Acts 1977, No. 355, §§ 10, 11; A.S.A. 1947, §§ 70-816, 70-817.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-209 - Franchisee's right of repurchase

Upon termination of any franchise by a franchisor without good cause, the franchisor shall, at the franchisee's option, repurchase at franchisee's net cost, less a reasonable allowance for depreciation or obsolescence, the franchisee's inventory, supplies, equipment, and furnishings purchased by the franchisee from the franchisor or its approved sources; however, no compensation shall be allowed for the personalized items which have no value to the franchisor.
Acts 1977, No. 355, § 9; A.S.A. 1947, § 70-815.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-210 - Immunity granted those furnishing information

No liability on the part of, and no cause of action of any nature other than as provided by this subchapter, shall arise against any franchisor, its officers, agents, or employees furnishing information as to reasons for termination, cancellation, intent not to renew, failure to renew, refusal to do business, or substantial change in competitive circumstances, unacceptability of a proposed transferee or relating to the character, financial ability, or business experience of a proposed transferee, or for statements made or evidence submitted at any hearing or trial conducted in connection therewith.
Acts 1977, No. 355, § 12; A.S.A. 1947, § 70-818.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-211 - Venue restriction - Void

Any provision of a franchise agreement that restricts venue to a forum outside the State of Arkansas is void with respect to any claims arising under or relating to a franchise agreement involving a franchise operating or conducting business in this state.
Added by Act 2023, No. 847,§ 5, eff. 8/1/2023, app. only to franchise agreements or contracts entered into or renewed on and after the effective date of this act..
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 2 - ARKANSAS FRANCHISE PRACTICES ACT (§§ 4-72-201 — 4-72-212) › Section 4-72-212 - Duties of good faith and fair dealing - Termination - Rights of survivors - Definition

(a)
A transaction under this subchapter shall be consistent with the governing principles and the obligation of good faith and fair dealing.
(b)
A franchisor may terminate a franchise agreement only for material cause as determined under objective standards.
(c)
(1)
A survivor of a franchisee shall be treated in good faith and provided a sufficient opportunity to become an owner of the franchise.
(2)
As used in subdivision (c)(1) of this section, "survivor" means an immediate family member or designated heir of the franchisee or franchise owner.
Added by Act 2023, No. 847,§ 5, eff. 8/1/2023, app. only to franchise agreements or contracts entered into or renewed on and after the effective date of this act..
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Current model" means a model listed in the wholesaler's, manufacturer's, or distributor's current sales manual or any supplements thereto;
(2)
"Current net price" means the price listed in the wholesaler's, manufacturer's, or distributor's price list or catalogue in effect at the time the contract is canceled or discontinued, less any applicable trade and cash discounts;
(3)
"Dealership agreement" means an oral or written agreement of definite or indefinite duration between a farm implements, machinery, utility and industrial equipment and attachments manufacturer, and a dealer which provides for the rights and obligations of the parties with respect to the purchase or sale of that equipment;
(4)
"Inventory" means farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, attachments, and repair parts;
(5)
"Manufacturer, wholesaler, or distributor" means a person, partnership, corporation, association, or other form of business enterprise engaged in the manufacturing, assembly, or wholesale distribution of farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, and attachments. The term also includes any successor in interest of the farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, and attachments manufacturer, including any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, any receiver or assignee, or any trustee of the original farm implements, machinery, utility and industrial equipment and attachments manufacturer;
(6)
"Net cost" means the price the retailer paid for the merchandise to the wholesaler, manufacturer, or distributor, less all applicable discounts allowed; and
(7)
"Retailer" means any person, firm, or corporation engaged in the business of selling and retailing farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, attachments, or repair parts but shall not include retailers of petroleum and motor vehicle and related automobile care and replacement products normally sold by those retailers.
Acts 1979, No. 810, § 1; A.S.A. 1947, § 70-819; Acts 1991, No. 996, § 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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-302 - Applicability of subchapter - Subchapter cumulative

(a)
The provisions of this subchapter shall apply to all contracts which have no expiration date and are continuing contracts and all other contracts entered into or renewed after July 1, 1979.
(b)
Any contract in force and effect on June 1, 1977, which by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to this subchapter.
(c)
The provisions of this subchapter shall apply only to inventory purchased after April 10, 1979.
(d)
This subchapter is not intended and shall not be construed to repeal any provision of the Arkansas Franchise Practices Act, §
4-72-201
et seq.
Acts 1979, No. 810, § 9; A.S.A. 1947, § 70-826n.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-303 - Security interests unaffected by subchapter - Bulk sales law inapplicable

The provisions of this subchapter shall not be construed to affect in any way any security interest which the wholesaler, manufacturer, or distributor may have in the inventory of the retailer, and any repurchase under the provisions of this subchapter shall not be subject to the provisions of the bulk sales law. The retailer, wholesaler, manufacturer, or distributor may furnish a representative to inspect all parts and certify their acceptability when packed for shipment.
Acts 1979, No. 810, § 8; A.S.A. 1947, § 70-826.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-304 - Wholesaler, manufacturer, or distributor to repurchase undamaged goods and cover cost of return

(a)
The wholesaler, manufacturer, or distributor shall repurchase that inventory previously purchased from him or her and held by the retailer on the date of termination of the contract.
(b)
The wholesaler, manufacturer, or distributor shall pay one hundred percent (100%) of the net cost of all new, unsold, undamaged, and complete farm implements, machinery, utility and industrial equipment, and attachments, and one hundred percent (100%) of the current net price of all new, unused, and undamaged repair parts.
(c)
(1)
The wholesaler, manufacturer, or distributor shall pay the retailer five percent (5%) of the current net price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading.
(2)
The wholesaler, manufacturer, or distributor shall have the option of performing the handling, packing, and loading in lieu of paying the five percent (5%) for these services.
Acts 1979, No. 810, § 3; A.S.A. 1947, § 70-821.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-305 - Retailer's option on merchandise at termination of franchise

Whenever any retailer enters into a franchise agreement, evidenced by a written contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory, and the contract is terminated, then the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this subchapter. The retailer may keep the inventory if he or she desires. If the retailer has any outstanding debts to the wholesaler, manufacturer, or distributor, then the repurchase amount may be credited to the retailer's account.
Acts 1979, No. 810, § 2; A.S.A. 1947, § 70-820.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-306 - Death of retailer equivalent to termination

(a)
In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority stockholder as if the wholesaler, manufacturer, or distributor had terminated the contract. The heir or heirs shall have one (1) year from the date of the death of the retailer or majority stockholder to exercise their options under this subchapter.
(b)
Nothing in this subchapter shall require the repurchase of any inventory if the heir or heirs and the wholesaler, manufacturer, or distributor enter into a new contract to operate the retail dealership.
Acts 1979, No. 810, § 7; A.S.A. 1947, § 70-825.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-307 - Inventory not required to be repurchased

The provisions of this subchapter shall not require the repurchase from a retailer of:
(1)
Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries;
(2)
Any repair part which is in a broken or damaged package;
(3)
Any single repair part which is priced as a set of two (2) or more items;
(4)
Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
(5)
Any inventory for which the retailer is unable to furnish satisfactory evidence to the wholesaler, manufacturer, or distributor of clear title, free and clear of all claims, liens, and encumbrances;
(6)
Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(7)
Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, and attachments which are not current models or which are not in new, unused, undamaged, complete condition;
(8)
Any repair parts which are not in new, unused, undamaged condition;
(9)
Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, or attachments which were purchased twenty-four (24) months or more prior to notice of termination of the contract;
(10)
Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract; or
(11)
Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.
Acts 1979, No. 810, § 5; A.S.A. 1947, § 70-823; Acts 1991, No. 996, § 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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-308 - Title and possession of inventory

Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the wholesaler, manufacturer, or distributor.
Acts 1979, No. 810, § 4; A.S.A. 1947, § 70-822.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-309 - Liability for failure to repurchase

If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this subchapter within sixty (60) days after shipment of the inventory, he or she shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's attorney's fees, court costs, and interest on the current net price computed at the legal interest rate from the sixty-first day after shipment.
Acts 1979, No. 810, § 6; A.S.A. 1947, § 70-824.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-310 - Violations

(a)
It is a violation of this subchapter for a manufacturer, wholesaler, or distributor to coerce a dealer to accept delivery of parts, accessories, or specialized tools which the dealer has not voluntarily ordered.
(b)
It is a violation of this subchapter for a manufacturer to:
(1)
(A)
Condition or attempt to condition the sale of farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, and attachments on a dealer also purchasing other goods or services, except that a manufacturer may require the dealer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area and to purchase or lease such telecommunication equipment, including computer software, as is substantially and reasonably necessary to communicate with the manufacturer.
(B)
Provided, however, that upon termination, nonrenewal, or cancellation of an equipment dealer franchise, the equipment manufacturer must reimburse the equipment dealer for all telecommunications equipment, including computer software, purchased by the equipment dealer in order to comply with the requirements of the equipment manufacturer that the dealer returns or offers to return to the equipment manufacturer, subject to a reasonable reduction for depreciation;
(2)
Coerce or attempt to coerce a dealer into refusing to purchase the equipment manufactured by another equipment manufacturer;
(3)
(A)
Discriminate in the prices charged for equipment of like grade and quality sold by the equipment manufacturer to similarly situated equipment dealers.
(B)
This does not prevent the use of volume discount or a differential which makes only due allowance for differences in the cost of manufacture, sale, or delivery, or for the differing methods by which or quantities in which the equipment is sold or delivered by the equipment manufacturer; or
(4)
Attempt or threaten to terminate, cancel, fail to renew, or substantially change the competitive circumstances of the dealership agreement based on the result of a natural disaster, including a sustained drought in the dealership market area, labor dispute, or other circumstances beyond the dealer's control.
Acts 1991, No. 996, § 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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 3 - FARM EQUIPMENT RETAILER FRANCHISE PROTECTION (§§ 4-72-301 — 4-72-311) › Section 4-72-311 - Warranties

(a)
This section applies to a warranty claim submitted by a dealer.
(b)
(1)
Claims filed for payment under warranty agreements shall either be approved or disapproved within thirty (30) days of receipt by a manufacturer, wholesaler, or distributor.
(2)
All claims for payment shall be paid within thirty (30) days of their approval.
(3)
(A)
If a claim is disapproved, the manufacturer, wholesaler, or distributor shall notify the dealer within thirty (30) days stating the specific grounds upon which the disapproval is based.
(B)
If a claim is not specifically disapproved within thirty (30) days of receipt, it shall be deemed approved and payment by the manufacturer, wholesaler, or distributor shall follow within thirty (30) days.
(4)
If, after termination of a contract, the dealer submits a claim to the manufacturer, wholesaler, or distributor for warranty work performed prior to the effective date of the termination, the manufacturer, wholesaler, or distributor shall accept or reject the claim within thirty (30) days of receipt.
(5)
If a claim is not paid within the time allowed under this subsection, interest shall accrue at the maximum lawful interest rate.
(c)
(1)
(A)
Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions of hours.
(B)
The time shall be multiplied by the dealer's established customer hourly retail labor rate, which shall have previously been made known to the manufacturer, wholesaler, or distributor.
(2)
Expenses expressly excluded under the warranty of the manufacturer, wholesaler, or distributor to the customer shall not be included nor required to be paid on requests for compensation from the dealer for warranty work performed.
(3)
(A)
All parts used by the dealer in performing the warranty work shall be paid to the dealer in the amount equal to the dealer's net price for the parts, plus a minimum of fifteen percent (15%).
(B)
The additional amount is to reimburse the dealer for reasonable costs of doing business in performing the warranty service on behalf of the manufacturer, wholesaler, or distributor, including, but not limited to, freight and handling costs incurred.
(4)
The manufacturer, wholesaler, or distributor has the right to adjust compensation for errors discovered during audit, and if necessary, to adjust claims paid in error.
(d)
The dealer shall have the right to accept the reimbursement terms and conditions of the manufacturer, wholesaler, or distributor in lieu of the terms and conditions of this section.
Acts 2001, No. 633, § 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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 4 - PETROLEUM PRODUCTS SUPPLIERS AND DISTRIBUTORS (§§ 4-72-401 — 4-72-403) › Section 4-72-401 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Franchise" means any agreement or contract between a petroleum products supplier and a petroleum products distributor whereby the supplier agrees to furnish or supply petroleum products to the distributor and the distributor agrees to purchase or accept on consignment or otherwise receive petroleum products from the supplier for sale at wholesale;
(2)
"Petroleum products distributor" means and includes any person, firm, corporation, or other business entity engaged in the business of selling petroleum products at wholesale as a jobber, distributor, consignee, agent, or in any other capacity; and
(3)
"Petroleum products supplier" means and includes any person, firm, corporation, subsidiary company, or other business entity engaged in the business of manufacturing, producing, or refining of petroleum products for sale or consignment to a petroleum products distributor.
Acts 1975, No. 470, § 1; A.S.A. 1947, § 53-1001.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 4 - PETROLEUM PRODUCTS SUPPLIERS AND DISTRIBUTORS (§§ 4-72-401 — 4-72-403) › Section 4-72-402 - Franchise - Cancellation or termination

(a)
A petroleum products supplier shall not cancel, or otherwise terminate, a franchise with a petroleum products distributor, except for such specific reasons as shall be prescribed in the franchise.
(b)
(1)
If a petroleum products supplier proposes to cancel, fail to renew, or otherwise terminate a franchise with any distributor, he or she shall so notify the distributor by certified mail at least six (6) months prior to the date on which he or she proposes to cancel, fail to renew, or terminate the franchise.
(2)
The notice shall include a statement of the grounds upon which the supplier bases his or her right to cancel or terminate the franchise.
(c)
Only the following matters shall be included in the franchise as grounds for a petroleum products supplier to cancel or terminate the franchise of a petroleum products distributor:
(1)
Criminal misconduct or willful violation of law relating to the business or premises of the supplier;
(2)
Fraud;
(3)
Failure of the distributor to pay taxes and to obtain and maintain all licenses, permits, and other authority necessary to conduct business as a distributor;
(4)
Abandonment or unattendance of the business or premises of the supplier for such a period of time as may be specified in the franchise;
(5)
Bankruptcy or insolvency of the distributor;
(6)
The failure by the distributor to pay the supplier for petroleum products purchased or received on consignment from the supplier within the time and in the manner prescribed in the franchise;
(7)
Nonpayment of rent or the loss by the refiner of its legal right to grant a distributor possession of the leased premises at which the business is located, if applicable, in which case, the supplier may terminate a distributor's marketing agreement upon a thirty-day notice of intent to terminate the agreement;
(8)
Death or incapacity of the distributor or the termination or dissolution of a partnership or corporation;
(9)
Adulteration or misrepresentation of products, provided that adulteration or misrepresentation which results from accident or circumstance beyond the control of the distributor shall not be grounds for termination;
(10)
Force majeure, condemnation, or other public taking; or
(11)
Failure of the distributor to substantially comply with any reasonable provisions of any lease agreement on bulk plant property between the supplier as lessor and the distributor as lessee.
(d)
However, if a distributor violates subdivisions (c)(1), (2), or (4)-(6) of this section, the supplier having the right to terminate the marketing agreement may immediately terminate the agreement.
Acts 1975, No. 470, § 2; A.S.A. 1947, § 53-1002.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 4 - PETROLEUM PRODUCTS SUPPLIERS AND DISTRIBUTORS (§§ 4-72-401 — 4-72-403) › Section 4-72-403 - Remedies for cancellation, termination, etc., of contract

If any petroleum products supplier shall cancel or otherwise terminate any franchise in violation of the provisions of this subchapter, the petroleum products distributor whose franchise is cancelled, or otherwise terminated, shall have a cause of action against the petroleum products supplier for specific performance, injunctive relief, or for actual damages sustained by the plaintiff as a result of the termination of the franchise, including ascertainable loss of good will as a result of the termination of the franchise. However, any action brought by a petroleum products distributor against a supplier for wrongful termination of a franchise shall be commenced within two (2) years after the wrongful termination.
Acts 1975, No. 470, § 3; A.S.A. 1947, § 53-1003.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 5 - PETROLEUM PRODUCTS SUPPLIERS, DEALERS, AND DISTRIBUTORS (§§ 4-72-501 — 4-72-503) › Section 4-72-501 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Franchise" means any agreement or contract between a petroleum products supplier or a petroleum products distributor and a petroleum products dealer whereby the supplier or distributor agrees to furnish or supply petroleum products to the dealer and the dealer agrees to purchase or accept on consignment or otherwise receive petroleum products from the supplier or distributor for retail sale;
(2)
"Petroleum products dealer" means and includes any person, firm, corporation, or other business entity engaged in the business of selling petroleum products at retail;
(3)
"Petroleum products distributor" means and includes any person, firm, corporation, or other business entity engaged in the business of selling petroleum products at wholesale as a jobber, distributor, consignee, agent, or in any other capacity; and
(4)
"Petroleum products supplier" means and includes any person, firm, corporation, subsidiary company, or other business entity engaged in the business of manufacturing, producing, or refining of petroleum products for sale or consignment to a petroleum products dealer.
Acts 1975, No. 471, § 1; A.S.A. 1947, § 53-1101.
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 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 5 - PETROLEUM PRODUCTS SUPPLIERS, DEALERS, AND DISTRIBUTORS (§§ 4-72-501 — 4-72-503) › Section 4-72-503 - Remedies for cancellation, termination, etc., of franchise

(a)
If any petroleum products supplier or distributor cancels, refuses to renew, or otherwise terminates any franchise in violation of the provisions of this subchapter, the petroleum products dealer whose franchise is cancelled, not renewed, or otherwise terminated shall have a cause of action against the petroleum products supplier or petroleum products distributor for specific performance or injunctive relief, or for actual damages sustained by the plaintiff, as a result of the termination of the franchise, including ascertainable loss of goodwill as a result of the termination of the franchise.
(b)
However, any action brought by a petroleum products dealer against a supplier or distributor for wrongful termination of a franchise shall be commenced within two (2) years after the wrongful termination.
Acts 1975, No. 471, § 3; A.S.A. 1947, § 53-1103.