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Arkansas Statutes, Title 4

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Arkansas/Statutes

← All Arkansas coverage

Title 4, Business and Commercial Law

88 chapters · 2,278 sections in this title.

All chapters in Title 42,278 Ch 27, Business Corporation Act of 1987186 Ch 33, The Arkansas Nonprofit Corporation A…160 Ch 9, Secured Transactions153 Ch 38, Uniform Limited Liability Company Act125 Ch 75, Unfair Practices121 Ch 47, Uniform Limited Partnership Act108 Ch 26, Business Corporations Generally106 Ch 2, Sales103 Ch 88, Deceptive Trade Practices97 Ch 28, Nonprofit Organizations92 Ch 46, Uniform Partnership Act70 Ch 3, Negotiable Instruments68 Ch 90, Automobiles55 Ch 8, Investment Securities52

32 sections·Filtered byTitle 4✕Ch 72✕

Ark. Code Ann. § 4-72-201 Title
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This subchapter shall be known and may be cited as the “Arkansas Franchise Practices Act”.
Ark. Code Ann. § 4-72-202 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) (A) “Franchise” means a written or oral agreement for a definite or indefinite period in which a person grants to another person a license to use a trade name, trademark, service mark, or related characteri…
Ark. Code Ann. § 4-72-203 Applicability of subchapter
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(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 permi…
Ark. Code Ann. § 4-72-204 Termination, cancellation, or failure to renew
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(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 franchis…

Ark. Code Ann. § 4-72-205 Transfer, assignment, or sale of franchise

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(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 fran…

Ark. Code Ann. § 4-72-206 Unlawful practices of franchisors

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(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…

Ark. Code Ann. § 4-72-207 Misleading and fraudulent schemes — Penalty — Prosecutions

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(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 fac…

Ark. Code Ann. § 4-72-208 Franchisee's remedies

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(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 …

Ark. Code Ann. § 4-72-209 Franchisee's right of repurchase

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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 furnishi…

Ark. Code Ann. § 4-72-210 Immunity granted those furnishing information

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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 …

Ark. Code Ann. § 4-72-211 Venue restriction — Void

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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.

Ark. Code Ann. § 4-72-212 Duties of good faith and fair dealing — Termination — Rights of survivors — Definition

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(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…

Ark. Code Ann. § 4-72-301 Definitions

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(1) 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,…

Ark. Code Ann. § 4-72-302 Applicability of subchapter — Subchapter cumulative

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(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 term…

Ark. Code Ann. § 4-72-303 Security interests unaffected by subchapter — Bulk sales law inapplicable

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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…

Ark. Code Ann. § 4-72-304 Wholesaler, manufacturer, or distributor to repurchase undamaged goods and cover cost of return

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(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 …

Ark. Code Ann. § 4-72-305 Retailer's option on merchandise at termination of franchise

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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 r…

Ark. Code Ann. § 4-72-306 Death of retailer equivalent to termination

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(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 …

Ark. Code Ann. § 4-72-307 Inventory not required to be repurchased

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(1) 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…

Ark. Code Ann. § 4-72-308 Title and possession of inventory

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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.

Ark. Code Ann. § 4-72-309 Liability for failure to repurchase

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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…

Ark. Code Ann. § 4-72-310 Violations

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(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:(…

Ark. Code Ann. § 4-72-311 Warranties

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(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…

Ark. Code Ann. § 4-72-401 Definitions

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(1) 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 …

Ark. Code Ann. § 4-72-402 Franchise — Cancellation or termination

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(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 …

Ark. Code Ann. § 4-72-403 Remedies for cancellation, termination, etc., of contract

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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 pro…

Ark. Code Ann. § 4-72-501 Definitions

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(1) 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…

Ark. Code Ann. § 4-72-502 Franchise — Cancellation or termination

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(a) A petroleum products supplier or a petroleum products distributor shall not cancel, refuse to renew, or otherwise terminate a franchise with a petroleum products dealer except as prescribed in this section. (b) (1) If a petroleum products supplier or a petroleum products dist…

Ark. Code Ann. § 4-72-503 Remedies for cancellation, termination, etc., of franchise

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(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 …

Ark. Code Ann. § 4-72-601 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) “Franchisee” means a person to whom a restaurant franchise is granted;(2) “Franchisor” means a person who grants or has granted a restaurant franchise; and(3) “Restaurant franchise” means a contract or agre…

Ark. Code Ann. § 4-72-602 Commencement of civil action or arbitration proceeding

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(a) A party to a restaurant franchise may commence a civil action or, if the restaurant franchise allows or compels arbitration of disputes, may initiate an arbitration proceeding, including an action or proceeding for violation of this subchapter, in Arkansas if either party to …

Ark. Code Ann. § 4-72-603 Applicability

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(a) This subchapter applies to a restaurant franchise operated in whole or in part in Arkansas and to the parties to the restaurant franchise. (b) This subchapter may not be waived, and its application to a restaurant franchise or a party to a restaurant franchise may not be avoi…