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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

2,278 sections·Filtered byTitle 4✕

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

Showing 1,801–1,850 of 2,278

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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…

Ark. Code Ann. § 4-75-210 Liability of directors, officers, agents, etc. — Proof of unlawful intent

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(a) Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this subchapter, assists or aids, directly or indirectly, in the violation shall be responsible therefor equally with the person, firm, or co…

Ark. Code Ann. § 4-75-211 Remedies — Witnesses and documents — Immunity

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(a) Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and, if injured thereby, for the recovery of damages. (b) (1) If, in such a…

Ark. Code Ann. § 4-75-212 Civil actions and settlements by the Attorney General

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(a) In addition to the other remedies provided in this subchapter, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this subchapter, the Attorney General may bring an ac…

Ark. Code Ann. § 4-75-213 Person defined

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Unless otherwise defined, for purposes of this subchapter, “person” means any natural person, corporation, firm, partnership, limited partnership, trust, association, or any other legal or commercial entity.

Ark. Code Ann. § 4-75-214 Awards to the Attorney General — Use of moneys

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(a) There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted. (b) The costs and fees dep…

Ark. Code Ann. § 4-75-215 Action not barred because it affects interstate or foreign commerce

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(a) This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas. (b) No action instituted by the Attorney General under this subchapter shall be barred on the ground …

Ark. Code Ann. § 4-75-216 Venue

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Any action, application, or motion brought by the Attorney General against a person under this subchapter shall be filed in Pulaski County Circuit Court unless the action, application, or motion is brought as part of an action containing claims of federal law violations, in which…

Ark. Code Ann. § 4-75-217 Statute of limitations

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(a) Any action brought by the Attorney General pursuant to this subchapter is barred if it is not commenced within five (5) years after the cause of action accrues. (b) The statute of limitations described in subsection (a) of this section shall be tolled during any period when t…

Ark. Code Ann. § 4-75-301 Definition

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As used in this subchapter, unless the context otherwise requires, “monopoly” means any union or combination or consolidation or affiliation of capital, credit, property, assets, trade, customs, skill, or acts of any other valuable thing or possession, by or between persons, firm…

Ark. Code Ann. § 4-75-302 Monopolies unlawful

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A monopoly, as defined in § 4-75-301, is declared to be unlawful and against public policy, and any and all persons, firms, corporations, or association of persons engaged therein shall be deemed and adjudged to be guilty of a conspiracy to defraud and shall be subject to the pen…

Ark. Code Ann. § 4-75-303 Lawful commerce excepted

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The purchase, sale, delivery, or disposition of any article of commerce in a lawful manner within this state shall not be deemed an act done in pursuance of, or for the purpose of carrying into effect, any conspiracy prohibited by this subchapter.

Ark. Code Ann. § 4-75-308 Precedence of actions under subchapter

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All actions authorized and brought under this subchapter shall have precedence on motion of the Attorney General, of all other business, civil and criminal, except criminal cases where the defendants are in jail.

Ark. Code Ann. § 4-75-309 Fixing prices or quantities of products

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Any corporation organized under the laws of this or any other state or country and transacting or conducting any kind of business in this state, or any partnership or individual, or other association or persons whatsoever, who is, or creates, enters into, or becomes a member of, …

Ark. Code Ann. § 4-75-310 Driving out or financially injuring competition

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If any person, company, partnership, association, corporation, or agent engaged in the manufacture or sale of any article of commerce or consumption produced, manufactured, or mined in this state or elsewhere shall, with the intent and purpose of driving out competition or for th…

Ark. Code Ann. § 4-75-315 Civil actions and settlements by the Attorney General

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(a) In addition to the other remedies provided in this subchapter, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this subchapter, the Attorney General may bring an ac…

Ark. Code Ann. § 4-75-316 Person defined

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Unless otherwise defined, for purposes of this subchapter, “person” means any natural person, corporation, firm, partnership, limited partnership, trust, association, or any other legal or commercial entity.

Ark. Code Ann. § 4-75-317 Awards to the Attorney General — Use of moneys

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(a) There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted. (b) The costs and fees dep…

Ark. Code Ann. § 4-75-318 Action not barred because it affects interstate or foreign commerce

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(a) This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas. (b) No action instituted by the Attorney General under this subchapter shall be barred on the ground …

Ark. Code Ann. § 4-75-319 Venue

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Any action, application, or motion brought by the Attorney General against a person under this subchapter shall be filed in the Pulaski County Circuit Court unless the action, application, or motion is brought as part of an action containing claims of federal law violations, in w…

Ark. Code Ann. § 4-75-320 Statute of limitations

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(a) Any action brought by the Attorney General pursuant to this subchapter is barred if it is not commenced within five (5) years after the cause of action accrues. (b) The foregoing statute of limitations shall be tolled during any period when the defendant in any action fraudul…

Ark. Code Ann. § 4-75-401 Title

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This subchapter shall be known and shall be cited as the “Automobile Dealer's Anti-Coercion Act”.

Ark. Code Ann. § 4-75-402 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) “Person” means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors;(2) “Sell”, “sold”, “buy”, and “purchase” include exchange, barter, gi…

Ark. Code Ann. § 4-75-403 Subchapter cumulative

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The provisions of this subchapter shall be held cumulative to each other and all other laws of this state in force as of June 10, 1937, in any way affecting them.

Ark. Code Ann. § 4-75-404 Penalties — Persons subject to penalties

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(a) Any person shall be guilty of a Class B misdemeanor if the person:(1) Shall violate any of the provisions of this subchapter;(2) Is a party to any agreement or understanding or to any contract prescribing any condition prohibited by this subchapter;(3) Is any employee, agent,…

Ark. Code Ann. § 4-75-405 Forfeiture of charter rights, etc., and dissolution for violations — Proceedings

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For a violation of any of the provisions of this subchapter by any corporation or association mentioned in this subchapter, it shall be the duty of the Attorney General or the prosecuting attorney of the proper county to institute proper suits or quo warranto proceedings in any c…

Ark. Code Ann. § 4-75-406 Foreign corporations violating subchapter prohibited from doing business

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Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises, or functions of a corporation in this state, violating any of the provisions of this subchapter, is denied the right and prohibited from doing any business in this state. It…

Ark. Code Ann. § 4-75-407 Contracts violating subchapter void

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Any contract or agreement in violation of the provisions of this subchapter shall be absolutely void and shall not be enforceable either in law or equity.

Ark. Code Ann. § 4-75-408 Exclusive financing agreements — Prohibition

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It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to sell, or enter into a contract to sell, motor vehicles to any person who is engaged or intends to engage in the business of selling…

Ark. Code Ann. § 4-75-409 Exclusive financing agreements — Threats as prima facie evidence

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Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will discontinue or cease to …

Ark. Code Ann. § 4-75-410 Exclusive financing agreements — Threats presumed made at direction of manufacturer or distributor

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Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying condition…

Ark. Code Ann. § 4-75-411 Unlawful subsidies or discrimination

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(a) It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to pay or give or to contract to pay or give any subsidy to any person, other than an automobile dealer or automobile distributor, who is…