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Arkansas Statutes, Title 4

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Arkansas/Statutes

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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

121 sections·Filtered byTitle 4✕Ch 75✕

Ark. Code Ann. § 4-75-1001 Title
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This subchapter shall be known and may be cited as the “Foundation Repair Contracts Act”.
Ark. Code Ann. § 4-75-1002 Purpose
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The purpose of this subchapter is to ensure fair and reasonable regulation of foundation repair contracts to prevent misleading and deceptive business practices in the performance of a foundation repair contract.
Ark. Code Ann. § 4-75-1003 Definitions
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(1) As used in this subchapter:(1) “Contractor” means a person or an entity that repairs or has repaired the foundation of a single-family dwelling;(2) “Foundation repair contract” means a written contract between a homeowner and a contractor to repair the foundation of a single-…
Ark. Code Ann. § 4-75-1004 Foundation repair contract requirements
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(1) A foundation repair contract shall contain the:(1) Legal description and street address of the single-family dwelling; and(2) Names and addresses of the parties to the contract. (1) Legal description and street address of the single-family dwelling; and (2) Names and addresse…

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Ark. Code Ann. § 4-75-1005 Enforceability

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A foundation repair contract is enforceable by a homeowner against a contractor for the time specified in the foundation repair contract.

Ark. Code Ann. § 4-75-1006 Civil remedies

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(1) If a homeowner successfully files suit to obtain a remedy authorized by this subchapter, the homeowner shall recover:(1) The amount of the cost to repair the foundation, remediate any defects, and reconstruct the structural damage resulting from a defect in a single-family dw…

Ark. Code Ann. § 4-75-101 Covenant not to compete agreements — Definition

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(a) A covenant not to compete agreement is enforceable if the agreement is ancillary to an employment relationship or part of an otherwise enforceable employment agreement or contract to the extent that:(1) The employer has a protectable business interest; and(2) The covenant not…

Ark. Code Ann. § 4-75-102 Private use of booking photograph — Definitions

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(a) As used in this section:(1) “Booking photograph” means a photograph or image of an arrested person taken for identification purposes by an arresting law enforcement agency at the time the person is processed into jail; and(2) “Publish-for-pay website” means a privately owned …

Ark. Code Ann. § 4-75-103 Posting incorrect background information about person — Definitions

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(a) As used in this section:(1) “Background and criminal history information” means a record for an individual consisting of names, identification data, notations of arrests, detentions, any indictments, any filed criminal informations, or other formal criminal charges obtained f…

Ark. Code Ann. § 4-75-1101 Title

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This subchapter shall be known and may be cited as the “Frank Broyles Publicity Rights Protection Act of 2016”.

Ark. Code Ann. § 4-75-1102 Findings and legislative intent

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(a) The General Assembly finds that citizens of this state:(1) Are renowned for their hard work and accomplishments in many areas that contribute to the public health, welfare, and pursuit of happiness;(2) Often spend most of their lives developing and maintaining reputations of …

Ark. Code Ann. § 4-75-1103 Definitions

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(1) As used in this subchapter:(1) (A) “Commercial use” means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:(i) For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or(ii) On or in connec…

Ark. Code Ann. § 4-75-1104 Property right in use of name, voice, signature, photograph, or likeness — Prior consent

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(a) An individual has a property right in the commercial use by any medium in any manner without the individual's prior consent of:(1) The individual's name, voice, signature, photograph, or likeness; and(2) Any combination of the individual's name, voice, signature, photograph, …

Ark. Code Ann. § 4-75-1105 Exercise of rights after death

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(a) Subject to the terms of a transfer, assignment, or license of property rights under § 4-75-1104, after the death of an individual, consent to the use of the individual's name, voice, signature, photograph, or likeness shall be granted by no less than fifty and one-thousandths…

Ark. Code Ann. § 4-75-1106 Registration

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(a) A successor in interest shall register a claim of property rights under this subchapter in the manner provided by this section. (b) Unless a claim of property rights under this subchapter is registered under this section, a successor in interest shall not recover damages from…

Ark. Code Ann. § 4-75-1107 Exclusive rights — Expiration

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(1) Subject to a transfer, an assignment, or a licensing agreement, the property rights provided by this subchapter are exclusive to:(1) An individual during the individual's lifetime; and(2) The executors, administrators, heirs, devisees, and assignees of the individual for fift…

Ark. Code Ann. § 4-75-1108 Unauthorized commercial use

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(a) Except as provided in § 4-75-1110, a person who commercially uses the name, voice, signature, photograph, or likeness of an individual is liable to the holder of the property right provided by this subchapter for damages and disgorgement of profits, funds, goods, or services …

Ark. Code Ann. § 4-75-1109 Civil actions — Damages

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(a) An aggrieved party may file a civil action in the county where:(1) One (1) or more defendants reside; or(2) A violation of this subchapter occurred. (1) One (1) or more defendants reside; or (2) A violation of this subchapter occurred. (b) Upon finding a violation of this sub…

Ark. Code Ann. § 4-75-1110 Exempt use — Commercial use

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(a) (1) It is not a violation of this subchapter if the name, voice, signature, photograph, or likeness of an individual is used:(A) In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of pu…

Ark. Code Ann. § 4-75-1111 Exclusive remedies

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(a) Remedies granted by this subchapter shall constitute the exclusive basis for asserting a claim for the unauthorized commercial use of the name, voice, signature, photograph, or likeness of an individual. (b) Except as provided in this subchapter, a right of publicity in the u…

Ark. Code Ann. § 4-75-1112 Construction

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(1) This subchapter:(1) Shall be liberally construed to accomplish its intent and purposes; and(2) Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual tran…

Ark. Code Ann. § 4-75-1113 Applicability

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(a) The property rights granted by this subchapter vest with respect to an individual on August 22, 2016. (b) This subchapter applies only to individuals maintaining a domicile or residence in the State of Arkansas on or after August 22, 2016.

Ark. Code Ann. § 4-75-1201 Title

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This subchapter shall be known and may be cited as the “Asphalt Roof Shingles Express Warranty Act”.

Ark. Code Ann. § 4-75-1202 Purpose

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The purpose of this subchapter is to ensure that the express warranty provided by a manufacturer against defective asphalt roof shingles is available to a homeowner and any subsequent homeowner to prevent misleading and deceptive business practices in the sale of asphalt roof shi…

Ark. Code Ann. § 4-75-1203 Definitions

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(1) As used in this subchapter:(1) “Asphalt roof shingles” means a roof-covering material or product that is installed on a roof of a single-family dwelling;(2) “Homeowner” means the initial owner and any subsequent owner of a single-family dwelling;(3) “Manufacturer” means an en…

Ark. Code Ann. § 4-75-1204 Enforceability

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A manufacturer's express warranty against defective asphalt roof shingles is enforceable by a homeowner against a manufacturer for the time specified in the express warranty as provided by the manufacturer.

Ark. Code Ann. § 4-75-1301 Title

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This subchapter shall be known and may be cited as the “Arkansas Student-Athlete Publicity Rights Act”.

Ark. Code Ann. § 4-75-1302 Definitions

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(1) As used in this subchapter:(1) (A) “Commercial use” means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:(i) For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or(ii) On or in connec…

Ark. Code Ann. § 4-75-1303 Right to compensation

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(a) Except as prohibited in this subchapter, a student-athlete shall have the right to enter into a contract and receive compensation for the commercial use of the student-athlete's publicity rights. (b) An institution of higher education, its supporting foundations, or its autho…

Ark. Code Ann. § 4-75-1304 Conflicts

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(a) A third-party licensee or student-athlete shall not enter into a contract for the commercial use of the student-athlete's publicity rights if the contract:(1) Requires the student-athlete to endorse, use, solicit, sell, market, advertise, promote, refer to, mention, display, …

Ark. Code Ann. § 4-75-1305 Representation

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(a) An agent, athlete agent, financial advisor, or attorney who is providing professional representation of a student-athlete shall be licensed, as applicable, in this state. (b) A student-athlete may rescind a publicity rights contract with a third-party licensee or a contract f…

Ark. Code Ann. § 4-75-1306 Disclosure

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(a) (1) A student-athlete who enters into a contract related to the commercial use of the student-athlete's publicity rights shall disclose to a designated official of the student-athlete's institution of higher education the existence of the contract, including the contract term…

Ark. Code Ann. § 4-75-1307 Scope

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(a) This subchapter does not:(1) Require an institution of higher education, its supporting foundations, or its authorized entities to compensate a student-athlete for any use of the student-athlete's publicity rights stated in § 4-75-1110;(2) Require an institution of higher edu…

Ark. Code Ann. § 4-75-1308 Civil remedy

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(a) (1) An institution of higher education or a student-athlete as defined in § 4-75-1302 has a cause of action for damages against an athlete agent or third-party licensee if the institution of higher education or student-athlete is adversely affected by an act or omission of th…

Ark. Code Ann. § 4-75-1309 Prohibition on state-funded medical schools using state general revenue funds from tax dollars for name, image, or likeness of student-athletes

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(1) A state-funded medical school in this state shall not:(1) Use state general revenue funds from tax dollars for use of the name, image, or likeness of a student-athlete; or(2) Contract with or offer any state general revenue funds from tax dollars to a student-athlete for the …

Ark. Code Ann. § 4-75-1401 Title

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This subchapter shall be known and may be cited as the “Arkansas Fair Food Delivery Act”.

Ark. Code Ann. § 4-75-1402 Definitions

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(1) As used in this subchapter:(1) “Food delivery platform” means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility and to arrange for the delivery of the food orde…

Ark. Code Ann. § 4-75-1403 Food delivery platform — Prohibitions

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A food delivery platform shall not arrange for the delivery of a food order from a food facility without first entering into an agreement with the food facility expressly authorizing the food delivery platform to take food orders and deliver food orders prepared by the food facil…

Ark. Code Ann. § 4-75-1404 Remedies

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(a) A food facility may bring a civil action to enjoin a violation of this subchapter. (b) (1) If a court finds that a food delivery platform has acted in violation of this subchapter, the court shall issue an injunction.(2) In addition to the remedy in subdivision (b)(1) of this…

Ark. Code Ann. § 4-75-1501 Definitions

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(1) As used in this subchapter:(1) “Action” means:(A) A civil action; or(B) An arbitration proceeding;(2) “Claim” means a request or demand to remedy a construction defect caused by a home improvement contractor, residential building contractor, or supplier related to the constru…

Ark. Code Ann. § 4-75-1502 Claims against home improvement contractors, residential building contractors, and suppliers

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(a) Before commencing an action against a home improvement contractor, residential building contractor, or supplier regarding a construction defect found within one (1) year after completion of a dwelling, a claimant shall:(1) At least twenty-eight (28) days before commencing the…

Ark. Code Ann. § 4-75-201 Title

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This subchapter shall be known and designated as the “Unfair Practices Act”.

Ark. Code Ann. § 4-75-202 Purpose

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The General Assembly declares that the purpose of this subchapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destr…

Ark. Code Ann. § 4-75-203 Construction

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This subchapter shall be literally construed so that its beneficial purposes may be subserved.

Ark. Code Ann. § 4-75-204 Penalties

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Any person, firm, or corporation, whether as principal, agent, officer, or director for himself or herself or itself, for another person, or for any firm or corporation, that shall violate any of the provisions of this subchapter is guilty of a Class A misdemeanor for each single…

Ark. Code Ann. § 4-75-205 Forfeiture of charter, rights, etc. — Proceedings

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(a) Upon the third violation of any of the provisions of this subchapter by any corporation, it shall be the duty of the Attorney General to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter, rights, franch…

Ark. Code Ann. § 4-75-206 Contracts violating subchapter illegal

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Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this subchapter is declared to be an illegal contract and no recovery thereon shall be had.

Ark. Code Ann. § 4-75-207 Destruction of competition by price discrimination prohibited

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(a) It shall be unlawful for any person, firm, or corporation doing business in the State of Arkansas and engaged in the production, manufacture, distribution, or sale of any commodity or product or of service or output of a service trade of general use or consumption or of the p…

Ark. Code Ann. § 4-75-208 Secret payments or allowance of rebates, refunds, etc. — Penalty

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(a) The secret payment or allowance of rebates, refunds, commissions, or unearned discounts is an unfair trade practice, whether in the form of money or otherwise or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing …

Ark. Code Ann. § 4-75-209 Sale at less than cost or with intent to injure competitors — Definitions

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(a) (1) It shall be unlawful for any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state to:(A) Sell, offer for sale, or advertise for sale any article or product or service or output of a service trade at less t…