reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-13.2 - Comparison Price Advertising for Precious Metal and Stones › Section 6-13.2-6. - Competitor’s prices.

§ 6-13.2-6. Competitor’s prices.
It shall be an unfair or deceptive act or practice for a seller to make any price comparison:
(1)
Based upon a competitor’s price unless:
(i)
The competitor’s price is either a price at which the competitor sold or advertised consumer property for sale at any time within the ninety-day (90) period immediately preceding the date on which the price comparison is stated in the advertisement, or the date on which the completed advertising copy was submitted to the printer for final printing and publication, provided each submission date does not exceed eight (8) weeks from the date of actual publication or distribution;
(ii)
The competitor’s price is a price that is representative of prices at which the consumer property is sold or advertised for sale in the trade area in which the price comparison is made and is not an isolated price; or
(iii)
Disclosure is made with the price comparison that the price used as a basis for the comparison was not the seller’s own price.
(2)
Based upon a “manufacturer’s suggested price”; “distributor’s suggested price”; “list price”; “suggested retail”, or any similar term implying a suggested or list price established by anyone other than the seller, unless either:
(i)
The seller has actually offered and sold the consumer property for sale at the suggested price as its regular price; or
(ii)
The seller can substantiate that it is the actual price at which the consumer property was being offered for sale by representative retailers in the trade area in which the claim is made at any time within the ninety-day (90) period immediately preceding either the date on which the price comparison is stated in the advertisement; the comparative price is for property of same composition, grade or quality, style or design, model, name or brand, kind or variety; or the date on which the completed advertising copy was submitted to the printer for final printing and publication, provided the submission date does not exceed eight (8) weeks from the date of actual publication or distribution.
History of Section.
P.L. 1992, ch. 408, § 1; P.L. 2014, ch. 528, § 11.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-13.2 - Comparison Price Advertising for Precious Metal and Stones › Section 6-13.2-7. - Retail price labels.

§ 6-13.2-7. Retail price labels.
A price label or tag permanently imprinted on or affixed to consumer property or its container by the manufacturer or supplier (“preticketed price”) and not under control of the retail seller or instigated by him or her or that is required to be attached to consumer property under federal law, need not be covered, obliterated, or removed for purposes of compliance with this statute, unless that item was actually sold at that labeled price in not insubstantial quantities on a substantial basis:
(1)
When the retail seller’s current offering price is attached to, printed on, or placed on a label, tag, or sign accompanying the consumer property, provided no price comparison is made by the retail seller based solely on the manufacturer’s price thereon unless the comparison would be valid based on past sales records; or
(2)
When the retail seller’s original offering price attached to, printed on, or placed on a label, tag, or sign accompanying the consumer property, is identical to the preticketed price.
History of Section.
P.L. 1992, ch. 408, § 1; P.L. 2014, ch. 528, § 11.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-13.2 - Comparison Price Advertising for Precious Metal and Stones › Section 6-13.2-8. - Penalty — Enforcement.

§ 6-13.2-8. Penalty — Enforcement.
Whoever violates the provisions of this chapter may be enjoined from doing so by an action brought by the attorney general, or any aggrieved party, and shall be punished by a fine of not less than five hundred dollars ($500) for each separate advertised infraction.
History of Section.
P.L. 1992, ch. 408, § 1.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-13.3 - Environmental Marketing Act › Section 6-13.3-1. - Declaration of policy.

§ 6-13.3-1. Declaration of policy.
(1)
It is the public policy of the state that environmental marketing claims, whether explicit or implied, must be substantiated by competent and reliable evidence so as not to deceive or mislead consumers about the environmental impact of products and packages.
(2)
Accurate and useful information about the environmental impact of products and packages must be made available to consumers. The uniform standards for environmental marketing claims, as contained in the Federal Trade Commission guidelines for environmental marketing claims are hereby adopted by the state of Rhode Island.
History of Section.
P.L. 1995, ch. 326, § 1; P.L. 2014, ch. 528, § 12.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-13.3 - Environmental Marketing Act › Section 6-13.3-2. - Deceptive environmental marketing claims.

§ 6-13.3-2. Deceptive environmental marketing claims.
It is unlawful for any person, in the course of that person’s business, vocation or occupation, to make any untruthful, deceptive, or misleading environmental marketing claims about a product or package sold or offered for sale in this state. For the purposes of this chapter, “person” means any individual, corporation, partnership, or other legal entity.
History of Section.
P.L. 1995, ch. 326, § 1; P.L. 2014, ch. 528, § 12.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-13.3 - Environmental Marketing Act › Section 6-13.3-3. - Remedies.

§ 6-13.3-3. Remedies.
(a)
If the attorney general has probable cause to believe that a person is violating or has violated § 6-13.3-2, the attorney general may bring suit in the name of Rhode Island in the appropriate court to restrain that person from further violations of that section.
(b)
Before filing a suit under subsection (a) of this section, the attorney general shall, in writing, notify the person charged with the alleged violation of the alleged unlawful conduct and the relief to be sought. No suit shall be brought by the attorney general until thirty (30) days after that notice.
(c)
The court may award reasonable attorney fees at trial and on appeal to a prevailing party in a suit brought under this section.
History of Section.
P.L. 1995, ch. 326, § 1; P.L. 2014, ch. 528, § 12.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-13.3 - Environmental Marketing Act › Section 6-13.3-4. - Defenses.

§ 6-13.3-4. Defenses.
It shall be a defense to any suit brought under this chapter that the person’s environmental marketing claims conform to the standards or are consistent with the examples contained in the guides for use of environmental marketing claims published by the Federal Trade Commission July 27, 1992.
History of Section.
P.L. 1995, ch. 326, § 1; P.L. 2014, ch. 528, § 12.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-1. - “Person” defined.

§ 6-14-1. “Person” defined.
As used in this chapter, “person” includes individuals, partnerships, voluntary associations, and corporations.
History of Section.
P.L. 1956, ch. 3762, § 11; G.L. 1956, § 6-14-1.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-2. - Repealed.

§ 6-14-2. Repealed.
History of Section.
P.L. 1956, ch. 3762, § 1; G.L. 1956, § 6-14-2; Repealed by P.L. 1966, ch. 137, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-3. - License required for sale.

§ 6-14-3. License required for sale.
No person shall offer for sale a stock of goods, wares, and merchandise under the description of “closing-out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling-out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or other designation of like meaning, or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, unless he or she shall have first obtained a license to conduct a sale from the clerk of the city or town in which he or she proposes to conduct a sale.
History of Section.
P.L. 1956, ch. 3762, § 2; G.L. 1956, § 6-14-3; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-4. - Application for license.

§ 6-14-4. Application for license.
The applicant for a license shall make an application to the clerk, in writing and under oath, at least fourteen (14) days prior to the opening date of the sale, showing all the facts in regard to the “closing out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or other designation of like meaning, or in regard to the damage caused to the goods, wares, and merchandise by fire, smoke, water, or otherwise, and showing all the facts in regard to the sale that the applicant proposes to conduct and the place and manner of conducting the sale including an inventory of the goods, wares, and merchandise to be sold at the sale, which inventory shall contain only goods, wares, and merchandise actually in the place of business in or at which the sale is to be conducted at the time of the application together with the established retail price of the goods, wares, and merchandise, and a statement, as far as possible, of the names of the persons from whom the goods, wares, and merchandise to be sold were obtained; the date of the delivery of the goods, wares and merchandise to the person applying for the license; and the place from which the goods, wares, and merchandise were last taken; and all details to fully identify the goods, wares, and merchandise to be sold. The application shall specify the proposed period of time over which the sale shall continue, which period shall not exceed sixty (60) days; provided, that if it shall be made to appear upon sworn application to the city or town clerk, at any time during the period of sixty (60) days, that all of the goods, wares, and merchandise described and inventoried in the original application have not been sold and if upon the application it is accompanied by a statement of inventory of what remains, a license supplemental to the one provided for in § 6-14-6 shall be issued by the clerk upon the same terms and conditions as the original license granting authority to continue the sale for a period of only thirty (30) days. The original application shall also specify whether the applicant proposes to advertise or conduct the sale as a “closing out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or other designation of like meaning, or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise.
History of Section.
P.L. 1956, ch. 3762, § 2; G.L. 1956, § 6-14-4; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-5. - False statements as perjury.

§ 6-14-5. False statements as perjury.
Any person making a false statement in the application provided for in § 6-14-4 shall, upon conviction, be deemed guilty of perjury.
History of Section.
P.L. 1956, ch. 3762, § 4; G.L. 1956, § 6-14-5.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-6. - Issuance of license — Bond — Change of ownership.

§ 6-14-6. Issuance of license — Bond — Change of ownership.
If the clerk shall be satisfied from the application that the proposed sale is of the character that the applicant desires to conduct and advertise, the clerk shall issue a license, upon the payment of the fee of one hundred dollars ($100), together with a good and sufficient bond payable to the city or town in the penal sum of one thousand dollars ($1,000) with sureties approved by a justice of the district court whose judicial district is situated in the city or town in which the sale is to be conducted, conditioned upon compliance with §§ 6-14-3 and 6-14-4 and other pertinent sections of this chapter, to the person applying for the license, authorizing him or her to advertise and conduct a sale of the particular kind mentioned in the application, according to the requirements of this chapter; provided, that, after a change in the ownership of the whole of the goods, wares, and merchandise, or of the entire balance in case a portion has already been sold, no person shall carry on the sale until the new owner of the goods, wares, and merchandise or balance of the goods, wares, and merchandise shall have obtained from the city or town clerk the license required by § 6-14-3 in the manner previously provided; provided further, however, that any merchant who shall have been conducting a business in the same location where the sale is to be held for a period of at least one full year, prior to the holding of the sale, shall be exempted from the payment of the fee and the filing of the bond provided for in this section.
History of Section.
P.L. 1956, ch. 3762, § 2; G.L. 1956, § 6-14-6; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-7. - Record of license application.

§ 6-14-7. Record of license application.
Every city or town clerk to whom application is made as provided for in § 6-14-4 shall endorse upon the application the date of its filing; shall preserve the application as a record of this office; and shall make an abstract of the facts stated in the application in a book kept for that purpose, properly indexed, containing the name of the person asking for the license; the nature of the proposed sale; the place where the sale is to be conducted; its duration; the inventory value of the goods, wares, and merchandise to be sold; and a general statement as to where the goods, wares, and merchandise came from, and shall make in the book a notation as to the issuance or refusal of that license applied for together with the date of the issuance or refusal; and shall endorse on the application the date the license is granted or refused, and the application and abstract shall be prima facie evidence of all statements therein contained. A copy of the application shall be forwarded by the city or town clerk to the office of the department of the attorney general.
History of Section.
P.L. 1956, ch. 3762, § 3; G.L. 1956, § 6-14-7; P.L. 1977, ch. 143, § 1; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-8. - Acts authorized by license.

§ 6-14-8. Acts authorized by license.
The license as provided for in §§ 6-14-3 — 6-14-6 shall be valid only for a sale of the goods, wares, and merchandise inventoried and described in the application for the license, in the manner and at the time and place mentioned and presented in the application, and any advertising relating to the sale shall prominently state the designation of the sale as contained in the license granted; the final date of the sale; and the license number. No license shall thereafter issue for conducting a sale of any goods, wares, and merchandise that have been removed from the place of sale inventoried and described in the application for the license under the provisions of this chapter at any other place or places.
History of Section.
P.L. 1956, ch. 3762, § 5; G.L. 1956, § 6-14-8; P.L. 1977, ch. 143, § 2; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-9. - Additions to stock in contemplation of sale.

§ 6-14-9. Additions to stock in contemplation of sale.
No person, in contemplation of conducting a “closing-out-sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or a sale of other designation of like meaning; or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, under a license as provided for in §§ 6-14-3 — 6-14-6, shall order any goods, wares, or merchandise for the purpose of selling and disposing of the goods, wares, or merchandise at the sale, and any unusual purchase and additions to the stock of the goods, wares, and merchandise within thirty (30) days prior to the filing of the application for license to conduct the sale mentioned in § 6-14-3 shall be presumptive evidence that the purchases and additions to stock were made in contemplation of the sale and for the purpose of selling the purchases and additions to stock at the sale.
History of Section.
P.L. 1956, ch. 3762, § 6; G.L. 1956, § 6-14-9; P.L. 1966, ch. 137, § 1; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-10. - Additions during sale.

§ 6-14-10. Additions during sale.
No person carrying on or conducting a “closing-out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or a sale of other designation of like meaning; or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, under a license as provided for in §§ 6-14-3 — 6-14-6 shall, during the continuance of the sale, for the purpose of selling and disposing of the goods, wares, and merchandise at the sale, add any goods, wares, and merchandise to the stock of goods, wares, or merchandise described and inventoried in the original application for the license, and no goods, wares, or merchandise described and inventoried in the original application, and each addition of goods, wares, or merchandise to the stock of goods, wares, or merchandise described and inventoried in the application, for the purpose of selling and disposing of the goods, wares, and merchandise at the sale, and each sale of the goods, wares, and merchandise at the sale, that were not inventoried and described in the application, shall constitute a separate offense under this chapter.
History of Section.
P.L. 1956, ch. 3762, § 7; G.L. 1956, § 6-14-10; P.L. 1966, ch. 137, § 1; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-11. - Continuance of business after expiration of license.

§ 6-14-11. Continuance of business after expiration of license.
Any person who, under the provisions of this chapter, conducts a “closing-out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or a sale of other designation of like meaning; or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, beyond the date specified by the sale, or who upon conclusion of the sale: (1) Continues that business that had been represented as “closing out,” or “going out of business,” or by similar designation as described in this chapter; or (2) Having discontinued the business, resumes the business within one year from the expiration date of the license for the sale provided for in this chapter, under the same name, or under a different name, at the same location, or elsewhere in the same city or town where the inventory for the sale was filed, or who, upon conclusion of the sale, continues business contrary to the designation of the sale; shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or shall be imprisoned for not less than ten (10) days nor more than six (6) months, or both, within the discretion of the court.
History of Section.
P.L. 1956, ch. 1956, § 8; G.L. 1956, § 6-14-11; P.L. 1966, ch. 137, § 1; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-11.1. - Purchase of stock or inventory following a sale.

§ 6-14-11.1. Purchase of stock or inventory following a sale.
(a)
It shall be unlawful for any person who purchases from another the remaining stock or inventory or a portion of the stock or inventory remaining from a “closing-out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or other designation of like meaning; or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise; or who purchases stock or inventory from a person who no longer sells similar merchandise at the same location; to engage in the following conduct:
(1)
To advertise that the stock previously belonging to the original person or business is being offered for sale unless it is clearly stated what portion of the total merchandise as a percentage of the total dollar value of the entire inventory being offered for sale is the goods that were purchased from the original person or business.
(2)
To offer for sale stock previously belonging to the original person or business along with additional merchandise unless items belonging to the original person or business are clearly labeled as such.
(b)
Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined in the sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), or shall be imprisoned for not less than ten (10) days nor more than six (6) months, or both, within the discretion of the court. In lieu of, or in addition to the penalty previously provided in this subsection, the court may order the defendant to pay to the court a sum not to exceed five hundred dollars ($500) for the purpose of paying for an advertisement, prepared by the department of the attorney general, for placement in Rhode Island newspapers, pointing out the violation(s) of this section as presented in the false advertising, provided that the advertisement shall not indicate the name or address of the person convicted under the provisions of this section.
History of Section.
P.L. 1980, ch. 101, § 1; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-12. - Unlicensed sales.

§ 6-14-12. Unlicensed sales.
Any person who shall advertise, represent, or hold out for sale a stock of goods, wares, and merchandise under the description of “closing-out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or other designation of like meaning; or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, without first having complied with the provisions of this chapter, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), or shall be imprisoned for not less than ten (10) days nor more than six (6) months, or both, within the discretion of the court.
History of Section.
P.L. 1956, ch. 3762, § 9; G.L. 1956, § 6-14-12; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-13. - Penalty for violations generally.

§ 6-14-13. Penalty for violations generally.
Any person who shall hold, conduct, or carry on any sale of goods, wares, or merchandise under the description of “closing-out sale”; “going-out-of-business sale”; “discontinuance-of-business sale”; “selling out”; “liquidation”; “lost our lease”; “must vacate”; “forced out”; “removal”; or other designation of like meaning; or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, contrary to the provisions of this chapter, or who shall violate any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in the sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), or shall be imprisoned for not less than ten (10) days nor more than six (6) months, or both, within the discretion of the court. In lieu of, or in addition to, the penalty previously provided in this section, the court may order the defendant to pay to the court a sum not to exceed five hundred dollars ($500) for the purpose of paying for an advertisement, prepared by the department of the attorney general, for placement in Rhode Island newspapers, pointing out the violation(s) of this chapter as presented in the false advertising, provided that the advertisement shall not indicate the name or address of the person convicted under the provisions of this chapter.
History of Section.
P.L. 1956, ch. 3762, § 10; G.L. 1956, § 6-14-13; P.L. 1977, ch. 143, § 3; P.L. 2014, ch. 528, § 13.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-14. - Enforcement in equity.

§ 6-14-14. Enforcement in equity.
Upon complaint of any person, the superior court shall have jurisdiction in equity to restrain and enjoin any act forbidden or declared illegal by any provisions of §§ 6-14-3 — 6-14-13. In addition the court may award the complainant reasonable attorneys’ fees and may impose a civil penalty of one hundred thousand dollars ($100,000).
History of Section.
P.L. 1956, ch. 3762, § 13; G.L. 1956, § 6-14-14; P.L. 1994, ch. 206, § 1.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-15. - Exemption of public officers and acts under judicial authority.

§ 6-14-15. Exemption of public officers and acts under judicial authority.
The provisions of this chapter with the exception of §§ 6-14-9 and 6-14-10 shall not apply to sheriffs, constables, or other public or court officers, or to any other person or persons acting under the license, direction, or authority of any court, state or federal, selling goods, wares, or merchandise in the course of their official duties.
History of Section.
P.L. 1956, ch. 3762, § 12; G.L. 1956, § 6-14-15; P.L. 1994, ch. 206, § 1.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-14 - Closing Out Sales › Section 6-14-16. - Failure to comply.

§ 6-14-16. Failure to comply.
Failure to comply with the provisions of this chapter shall constitute an unfair method of competition and an unfair or deceptive act or practice under chapter 13.1 of this title, entitled “Deceptive Trade Practices”, and the penalties and remedies provided in that chapter shall apply against any individual, corporation, or partnership violating any provision of this section.
History of Section.
P.L. 1977, ch. 143, § 4.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-15 - Accounts Receivable [Repealed.] › Section 6-15-2. - Repealed.

§ 6-15-2. Repealed.
History of Section.
P.L. 1943, ch. 1345, § 1; G.L. 1956, § 6-15-2; Repealed by P.L. 1960, ch. 147, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-2. - Insolvency.

§ 6-16-2. Insolvency.
(a)
A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.
(b)
A debtor who is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against whom the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c)
Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that have been transferred in a manner making the transfer voidable under this chapter.
(d)
Debts under this section do not include obligations to the extent they are secured by a valid lien on property of the debtor not included as an asset.
History of Section.
P.L. 1986, ch. 438, § 2; P.L. 2014, ch. 528, § 14; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-3. - Value.

§ 6-16-3. Value.
(a)
Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
(b)
For the purposes of §§ 6-16-4(a)(2) and 6-16-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c)
A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
History of Section.
P.L. 1986, ch. 438, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-4. - Transfers voidable as to present and future creditors.

§ 6-16-4. Transfers voidable as to present and future creditors.
(a)
A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1)
With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2)
Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(i)
Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii)
Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(b)
In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
(1)
The transfer or obligation was to an insider;
(2)
The debtor retained possession or control of the property transferred after the transfer;
(3)
The transfer or obligation was disclosed or concealed;
(4)
Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5)
The transfer was of substantially all the debtor’s assets;
(6)
The debtor absconded;
(7)
The debtor removed or concealed assets;
(8)
The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9)
The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10)
The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11)
The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(c)
A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
History of Section.
P.L. 1986, ch. 438, § 2; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-5. - Transfers or obligations voidable as to present creditors.

§ 6-16-5. Transfers or obligations voidable as to present creditors.
(a)
A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b)
A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt; the debtor was insolvent at that time; and the insider had reasonable cause to believe that the debtor was insolvent.
(c)
Subject to § 6-16-2(b), a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
History of Section.
P.L. 1986, ch. 438, § 2; P.L. 2014, ch. 528, § 14; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-5.1. - Transfers voidable as to depository creditors of financial institutions closed by proclamation of the governor dated January 1, 1991 — Remedies.

§ 6-16-5.1. Transfers voidable as to depository creditors of financial institutions closed by proclamation of the governor dated January 1, 1991 — Remedies.
(a)
A transfer made or obligation incurred by any financial institution closed by proclamation of the governor dated January 1, 1991, is voidable as to any depository creditor of record of any such financial institution as of January 1, 1991, if the transfer or obligation involved either:
(1)
The withdrawal of deposits from the financial institution by any officer, director, or employee of the financial institution or of the Rhode Island share and deposit indemnity corporation, with knowledge of the actual or impending insolvency or the impending closing of the financial institution or of the actual or impending insolvency of or the actual or impending cessation of business by the Rhode Island share and deposit indemnity corporation, and for the purpose of avoiding the loss of funds or access to funds in any depository account in the financial institution;
(2)
The encumbrance of any assets of the financial institution to or for the benefit of any officer, director, or employee of the financial institution or of the Rhode Island share and deposit indemnity corporation, with knowledge of the actual or impending insolvency or the impending closing of the financial institution or of the actual or impending insolvency of or the actual or impending cessation of business by the Rhode Island share and deposit indemnity corporation, and for the purpose of avoiding the loss of funds or access to funds in any depository account in the financial institution; or
(3)
A transfer or obligation defined as voidable under § 6-16-4 or § 6-16-5.
(b)
In addition to any remedies provided by § 6-16-7, (1) any financial institution closed by proclamation of the governor dated January 1, 1991; (2) any assignees of and successors in interest to any such financial institution; and (3) any depository creditor of record of any such financial institution as of January 1, 1991, who suffers monetary loss as a result of a transfer or conveyance defined as voidable under this section or who is otherwise aggrieved by the transfer or conveyance, shall have a private cause of action at law and in equity against any officer, director, or employee of the financial institution or of the Rhode Island share and deposit indemnity corporation to whom the subject transfer was made or to whom or for whose benefit any assets of the financial institution were encumbered.
History of Section.
P.L. 1991, ch. 3, § 5; P.L. 2014, ch. 528, § 14; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-6. - When transfer is made or obligation is incurred.

§ 6-16-6. When transfer is made or obligation is incurred.
For the purposes of this chapter:
(1)
A transfer is made:
(i)
With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(ii)
With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;
(2)
If applicable law permits the transfer to be perfected as provided in subsection (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;
(3)
If applicable law does not permit the transfer to be perfected as provided in subsection (1), the transfer is made when it becomes effective between the debtor and the transferee;
(4)
A transfer is not made until the debtor has acquired rights in the asset transferred;
(5)
An obligation is incurred:
(i)
If oral, when it becomes effective between the parties; or
(ii)
If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
History of Section.
P.L. 1986, ch. 438, § 2; P.L. 2014, ch. 528, § 14; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-7. - Remedies of creditor.

§ 6-16-7. Remedies of creditor.
(a)
In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in § 6-16-8, may obtain:
(1)
Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
(2)
An attachment or other provisional remedy against the asset transferred or other property of the transferee available under applicable law; and
(3)
Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(i)
An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii)
Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii)
Any other relief the circumstances may require.
(b)
If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
History of Section.
P.L. 1986, ch. 438, § 2; P.L. 1988, ch. 84, § 5; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-8.1. - Intentional concealment of support.

§ 6-16-8.1. Intentional concealment of support.
(a)
Whoever receives or conceals an asset of another knowing that the asset is being transferred for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to chapters 5, 9, 10, 11.1, and 13 of title 15, or pursuant to any similar laws of other states, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than two (2) years, or by both that fine and imprisonment.
(b)
Whoever shall transfer an asset for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to chapters 5, 9, 10, 11.1, and 13 of title 15, or pursuant to any similar laws of other states, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than two (2) years, or both by that fine or imprisonment.
History of Section.
P.L. 2001, ch. 276, § 1; P.L. 2014, ch. 528, § 14.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-8.2. - Fraudulent conveyance by transferor of child support — Civil action.

§ 6-16-8.2. Fraudulent conveyance by transferor of child support — Civil action.
(a)
A person who has been adjudged to be in contempt of an order or judgment for child support entered pursuant to chapters 9, 10, 11.1, and 13 of title 15 who knowingly makes a conveyance without fair consideration to an individual for a fraudulent purpose relating to avoiding payment of the order or judgment shall be liable in a civil action to the obligee under the order or judgment in an amount equal to the value of the conveyance made.
(b)
A person shall not be liable under this section if the conveyance made does not exceed one hundred dollars ($100) in value in any calendar year.
(c)
For the purpose of this section, “conveyance” means any payment of money, gift, assignment, transfer, or lease of tangible or intangible property.
(d)
A conveyance shall be deemed to be made without fair consideration unless the conveyance was made in exchange for property or goods of equal value or to satisfy an existing debt created in good faith.
History of Section.
P.L. 2001, ch. 276, § 1; P.L. 2014, ch. 528, § 14.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-9. - Extinguishment of claim for relief.

§ 6-16-9. Extinguishment of claim for relief.
A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought:
(1)
Under § 6-16-4(a)(1), not later than four (4) years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2)
Under § 6-16-4(a)(2) or § 6-16-5(a), not later than four (4) years after the transfer was made or the obligation was incurred; or
(3)
Under § 6-16-5(b), not later than one year after the transfer was made or the obligation was incurred.
History of Section.
P.L. 1986, ch. 438, § 2; P.L. 2014, ch. 528, § 14; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-10. - Supplementary provisions.

§ 6-16-10. Supplementary provisions.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement this chapter’s provisions.
History of Section.
P.L. 1986, ch. 438, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-11. - Uniformity of application and construction.

§ 6-16-11. Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
History of Section.
P.L. 1986, ch. 438, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-12. - Short title.

§ 6-16-12. Short title.
This chapter may be cited as the “Uniform Voidable Transactions Act.”
History of Section.
P.L. 1986, ch. 438, § 2; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-13. - Governing law.

§ 6-16-13. Governing law.
(a)
As used in this section, the following rules determine a debtor’s location:
(1)
A debtor who is an individual is located at the individual’s principal residence.
(2)
A debtor that is an organization and has only one place of business is located at its place of business.
(3)
A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b)
A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
History of Section.
P.L. 2018, ch. 141, § 3; P.L. 2018, ch. 236, § 3.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-14. - Application to series organization.

§ 6-16-14. Application to series organization.
(a)
As used in this section:
(1)
“Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subsection (a)(2).
(2)
“Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(i)
The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.
(ii)
Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.
(iii)
Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(b)
A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
History of Section.
P.L. 2018, ch. 141, § 3; P.L. 2018, ch. 236, § 3.
2023 Rhode Island General Laws › Title 6 - Commercial Law – General Regulatory Provisions › Chapter 6-16 - Uniform Voidable Transactions Act › Section 6-16-15. - Supplementary provisions.

§ 6-16-15. Supplementary provisions.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
History of Section.
P.L. 2018, ch. 141, § 3; P.L. 2018, ch. 236, § 3.