Arizona Revised Statutes
Title 44 - Trade and Commerce
§ 44-1003 - Value

44-1003. 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 to furnish support to the debtor or another person unless the promise is made in the ordinary course of the promisor's business.
B. For the purposes of section 44-1004, subsection A, paragraph 2 and section 44-1005, 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 on 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.

Structure Arizona Revised Statutes

Arizona Revised Statutes

Title 44 - Trade and Commerce

§ 44-101 - Statute of frauds

§ 44-121 - Contracts in writing; consideration

§ 44-131 - Capacity of minor veterans and married minors

§ 44-132 - Capacity of minor to obtain hospital, medical and surgical care; definition

§ 44-132.01 - Capacity of minor to obtain treatment for venereal disease without consent of parent

§ 44-133 - Emergency consent for hospital care, medical attention or surgery by person in loco parentis

§ 44-133.01 - Capacity of minor to consent to treatment for use of a dangerous drug or narcotic

§ 44-134 - Capacity for blood donation

§ 44-140 - Definitions

§ 44-140.01 - Educational loan; enforceable; prerequisites

§ 44-141 - Joint and several liability of parties to joint obligations

§ 44-142 - Action against persons primarily and secondarily liable on bill of exchange or other contract

§ 44-143 - Formal requirements for and limitations upon confession of judgment under power of attorney

§ 44-144 - Effect of assignment of chose in action upon defenses existing at time of assignment; exceptions

§ 44-145 - Negotiable instruments or other writings evidencing consumer obligations; limitation on liability

§ 44-161 - Interpretation of contracts, securities and other similar measures; currency; definitions

§ 44-171 - Exemption from licensure, certification, registration or other authorization to act

§ 44-281 - Definitions

§ 44-282 - Licensing of sales finance companies required; penalty

§ 44-283 - Denial, suspension or revocation of licenses

§ 44-286 - Requirements and prohibitions as to retail installment contracts

§ 44-287 - Contents of contract

§ 44-288 - Insurance provisions of contract

§ 44-289 - Delinquent contract; recovery; transfer fees; blank spaces in contract

§ 44-290 - Amount of payments; waiver of remedies

§ 44-291 - Computation of interest; prepayment rebate; additional charges; secondary motor vehicle finance transaction; definitions

§ 44-293 - Motor vehicle; refinancing retail installment contract

§ 44-294 - Records

§ 44-295 - Penalties

§ 44-301 - Definitions

§ 44-302 - Presumptions of abandonment

§ 44-303 - Contents of safe deposit box or other safekeeping depository

§ 44-304 - Rules for taking custody

§ 44-305 - Dormancy charge

§ 44-306 - Burden of proof as to property evidenced by record of check or draft

§ 44-307 - Report of abandoned property

§ 44-308 - Payment or delivery of abandoned property

§ 44-309 - Notice and publication of abandoned property

§ 44-310 - Custody by state; recovery by holder; defense of holder

§ 44-311 - Crediting of owner's account; interest

§ 44-312 - Public sale of abandoned property

§ 44-313 - Deposit of monies

§ 44-314 - Federal deposit insurance corporation trust fund; temporary custody; interest

§ 44-315 - Confidentiality; violation; classification; definitions

§ 44-316 - Claim of another state to recover property

§ 44-317 - Filing claim with department

§ 44-318 - Action to establish claim; attorney fees

§ 44-319 - Election to take payment or delivery

§ 44-320 - Destruction or disposition of property having no substantial commercial value; immunity from liability

§ 44-321 - Periods of limitation

§ 44-322 - Requests for reports; examination of records

§ 44-323 - Retention of records

§ 44-324 - Enforcement

§ 44-325 - Interstate agreements and cooperation; joint and reciprocal actions with other states

§ 44-326 - Interest; penalties

§ 44-327 - Agreement to locate property

§ 44-328 - Foreign transactions

§ 44-329 - Transitional provisions

§ 44-330 - Rules

§ 44-331 - Uniformity of application and construction

§ 44-333 - Erroneous advice or misleading statements by the department; abatement of penalties and interest; definitions

§ 44-334 - Basis for evaluating employee performance

§ 44-335 - No additional audits or proposed increased demands; exceptions

§ 44-336 - Private holder rulings; holder information rulings; request; revocation or modification; definitions

§ 44-337 - Abatement of interest for errors or delays caused by the department

§ 44-338 - Appeal of determination of amounts due

§ 44-339 - Signatures for documents; alternative methods; definition

§ 44-340 - Auditor contingent fee contracts; notice of rights

§ 44-351 - Definitions

§ 44-352 - Acquiring title to loaned property

§ 44-353 - Acquiring title to undocumented property

§ 44-354 - Reclamation of property

§ 44-355 - Museum obligations to the lender

§ 44-356 - Lender obligations to the museum

§ 44-401 - Definitions

§ 44-402 - Injunctive relief

§ 44-403 - Damages

§ 44-404 - Attorney fees

§ 44-405 - Preservation of secrecy; definition

§ 44-406 - Statute of limitations

§ 44-407 - Effect on other laws

§ 44-1001 - Definitions

§ 44-1002 - Insolvency

§ 44-1003 - Value

§ 44-1004 - Transfers fraudulent as to present and future creditors

§ 44-1005 - Transfers fraudulent as to present creditors

§ 44-1006 - When transfer is made or obligation is incurred

§ 44-1007 - Remedies of creditors

§ 44-1008 - Defenses, liability and protection of transferee

§ 44-1009 - Extinguishment of claim for relief

§ 44-1010 - Supplementary provisions

§ 44-1031 - Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article

§ 44-1032 - Assignment for the benefit of consenting creditors; effect; execution of release by creditors

§ 44-1033 - Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk

§ 44-1034 - Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment

§ 44-1035 - Notice of appointment of assignee; publication

§ 44-1036 - Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy

§ 44-1037 - Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent

§ 44-1038 - Filing of statement of claim by creditors

§ 44-1039 - Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors

§ 44-1040 - Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor

§ 44-1041 - Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser

§ 44-1042 - Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor

§ 44-1043 - Attempted preference of creditor void

§ 44-1044 - Garnishment of assignee by nonconsenting creditor

§ 44-1045 - Distribution to creditors; compensation and expenses allowed assignee

§ 44-1046 - Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement

§ 44-1047 - Fraudulent transactions by assignor; classification

§ 44-1061 - Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers

§ 44-1201 - Rate of interest for loan or indebtedness; interest on judgments

§ 44-1202 - Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract

§ 44-1203 - Application to principal of payments made upon interest contracted in excess of the maximum permitted by law; judgment in action to recover obligation involving usurious interest limited to amount due on principal

§ 44-1204 - Payments of interest on obligation involving more than the maximum permitted by law on counterclaim in action brought on obligation; action to recover payments of interest in excess of principal on usurious obligation

§ 44-1205 - Closed end loans of five thousand dollars or less; revolving accounts; check loan accounts; credit card revolving account; delinquency charges; prepayment rebates and additional charges; definition

§ 44-1206 - Effect of obligations insured or guaranteed by the United States

§ 44-1207 - Interest on lawful charge, fee, cost or expense

§ 44-1208 - Loans secured by real estate; prohibited practices; insurance

§ 44-1211 - Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification

§ 44-1212 - False report to principal by agent; classification

§ 44-1213 - Issuance of get rich quick contract prohibited; classification

§ 44-1214 - Increase of weight of goods sold in container; classification

§ 44-1215 - Salting gold or silver ore to defraud; classification

§ 44-1216 - Fraud on seller of ore; classification

§ 44-1217 - Fraud on creditors by removal, sale or concealment of property; classification

§ 44-1218 - Fraudulent or mock auction; classification; forfeiture of license and disqualification of auctioneer

§ 44-1219 - Sale, removal or concealment of encumbered property; classification

§ 44-1220 - Fraudulent insurance claim; classification

§ 44-1220.01 - Fraudulent fire insurance application or claim; classification

§ 44-1221 - Deceptive use of name; classification; attorney general

§ 44-1222 - Unordered merchandise

§ 44-1223 - Fraudulent practices relating to motor vehicle odometers; classification

§ 44-1224 - Law enforcement, firefighting or emergency medical services products; sales; certification

§ 44-1231 - Definitions

§ 44-1231.01 - Unlawful acts

§ 44-1231.02 - Sale of Indian arts and crafts; inquiry; labels

§ 44-1231.03 - Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages

§ 44-1231.04 - Rules

§ 44-1231.05 - Violation; classification

§ 44-1236 - Certificate of name required; exceptions

§ 44-1241 - Fraudulent sales

§ 44-1242 - Sale under own trademark or brand; authority of manufacturer

§ 44-1243 - Mixtures

§ 44-1244 - Storage; container previously used for different product

§ 44-1245 - Violations; continuing violations; classification

§ 44-1251 - Definitions

§ 44-1252 - Sale of beverages in containers with severable opening prohibited; exception; violation; classification

§ 44-1261 - Definitions; exemptions

§ 44-1262 - New motor vehicle; repair during express warranty or two years or twenty-four thousand miles

§ 44-1263 - Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund

§ 44-1264 - Reasonable number of attempts to conform motor vehicle to express warranty; presumption

§ 44-1265 - Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees

§ 44-1266 - Notice to dealers and prospective purchasers

§ 44-1267 - Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies

§ 44-1271 - Definitions

§ 44-1272 - Telephone seller; registration; business opportunities; late filing penalty

§ 44-1272.01 - Limited registration; penalty; violation; classification

§ 44-1273 - Limited exemptions

§ 44-1274 - Bond; amount; filing; beneficiaries; cancellation

§ 44-1275 - Fees

§ 44-1276 - Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation or business opportunity sale; notice of right to cancel

§ 44-1276.01 - Business opportunities; disclosure to consumer

§ 44-1276.02 - Business opportunity contracts in writing; required information

§ 44-1276.03 - Business opportunity contract cancellation

§ 44-1277 - Violation; classification

§ 44-1278 - Unlawful practice; powers of attorney general; cumulative remedies

§ 44-1279 - Civil remedies

§ 44-1280 - Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification

§ 44-1281 - Duties of secretary of state

§ 44-1282 - National do-not-call registry; prohibitions; enforcement; civil penalty; definition

§ 44-1291 - Definitions

§ 44-1292 - Identification of aftermarket crash part

§ 44-1293 - Disclosure on use of aftermarket crash part

§ 44-1294 - Enforcement

§ 44-1301 - Definitions

§ 44-1302 - Sale of new tires; fees; acceptance of waste tires; notice; definition

§ 44-1303 - Waste tire collection sites; registration

§ 44-1304 - Disposal of waste tires

§ 44-1304.01 - Storage, disposal, discard or abandonment of used motor vehicle tires; registration fees; violation; classification; exception

§ 44-1305 - Waste tire fund and program

§ 44-1306 - Department of environmental quality; rules; annual county report to the department

§ 44-1307 - Civil penalties; environmental nuisance

§ 44-1321 - Definitions

§ 44-1322 - Disposal of lead acid batteries

§ 44-1323 - Sale of lead acid batteries; refundable deposit; notice

§ 44-1324 - Civil penalties; environmental nuisance

§ 44-1325 - Used automotive components dealers; records of purchase; age requirement for lead acid battery seller

§ 44-1326 - Violation; classification

§ 44-1327 - Report to the department of public safety; exemption; violation; classification

§ 44-1341 - Medical sharps; label

§ 44-1342 - Tattoo needles and waste; disposal; civil penalty

§ 44-1351 - Definitions

§ 44-1352 - New assistive device; nonconformity; reasonable attempt to make a repair; reasonable allowance; options

§ 44-1353 - Replacement of assistive device; refund of monies; transfer of possession; limitations; disclosure

§ 44-1354 - Assistive device dealers; lessors; notice

§ 44-1355 - Exemption; waiver of rights; action to recover damages; attorney fees

§ 44-1361 - Definitions

§ 44-1362 - Check cashing; receipts; notices; government payment instruments; enforcement

§ 44-1365 - Definitions

§ 44-1366 - Consumer services; delinquency fees; collection fees

§ 44-1367 - Credit card transaction receipts; applicability; enforcement; definition

§ 44-1371 - Motor vehicle transactions; conditional financing; traded motor vehicle; advertised price; definition

§ 44-1372 - Definitions

§ 44-1372.01 - Regulations; powers of attorney general; cumulative remedies; applicability

§ 44-1372.02 - Damages

§ 44-1372.03 - Court proceedings; secrecy

§ 44-1372.04 - Applicability

§ 44-1372.05 - Violation; classification

§ 44-1373 - Restricted use of personal identifying information; civil penalty; definition

§ 44-1373.01 - Exceptions

§ 44-1373.02 - Restricted use of sequential numbers; definition

§ 44-1373.03 - Violation; civil penalty

§ 44-1374 - Confidentiality of petroleum industry information; disclosure; supply emergency; definitions

§ 44-1375 - Definitions

§ 44-1375.01 - Applicability

§ 44-1375.02 - Standards

§ 44-1375.03 - Certification and compliance; violation; civil penalty

§ 44-1376 - Definitions

§ 44-1376.01 - Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure

§ 44-1376.02 - Application

§ 44-1376.03 - Unfair or deceptive trade practices

§ 44-1376.04 - Civil causes of action

§ 44-1376.05 - Violation; classification

§ 44-1377 - Disclosure of restocking fee; enforcement; definition

§ 44-1378 - Definitions

§ 44-1378.01 - Applicability

§ 44-1378.02 - Prohibited acts

§ 44-1378.03 - Foreclosure consulting contract

§ 44-1378.04 - Right of cancellation

§ 44-1378.05 - Homeowner action to recover damages

§ 44-1378.06 - Fraud or deceit against homeowner; classification

§ 44-1378.07 - Enforcement

§ 44-1378.08 - Cumulative nature of penalties

§ 44-1379 - Indemnity agreements in motor carrier transportation contracts void; definitions

§ 44-1380 - Consumer incentive item regulation; state preemption; definition

§ 44-1381 - Operator service providers; collect call rates; disclosure

§ 44-1382 - Transfer of personal property; city, town or county

§ 44-1401 - Definition

§ 44-1402 - Contract, combination or conspiracy to restrain or monopolize trade

§ 44-1403 - Establishment, maintenance or use of monopoly

§ 44-1404 - Exclusions

§ 44-1405 - Judicial jurisdiction

§ 44-1406 - Investigation; service of demand sanctions; confidentiality

§ 44-1407 - Civil penalty and injunctive enforcement

§ 44-1408 - Damages; injunctive relief

§ 44-1409 - Judgment as prima facie evidence

§ 44-1410 - Limitations of actions

§ 44-1411 - Remedies cumulative

§ 44-1412 - Uniformity

§ 44-1413 - Short title

§ 44-1414 - Order compelling testimony or production of evidence; immunity; contempt

§ 44-1415 - Notice to attorney general; appearance

§ 44-1416 - Government contract, combination or conspiracy to restrain trade or commerce; violation; classification

§ 44-1421 - Definitions

§ 44-1422 - Bad faith patent infringement claims; prohibited

§ 44-1423 - Enforcement

§ 44-1424 - Federal patent infringement allegation exception

§ 44-1441 - Definitions

§ 44-1442 - Registrability

§ 44-1443 - Application for registration

§ 44-1443.01 - Electronic filing; acceptance

§ 44-1444 - Certificate of registration; admissibility as evidence

§ 44-1445 - Duration of registration; renewal notice; application and fee

§ 44-1446 - Assignment of mark and registration

§ 44-1447 - Records

§ 44-1448 - Cancellation of registrations

§ 44-1448.01 - Injury to business reputation; dilution

§ 44-1449 - Classification of goods or services

§ 44-1450 - Fraudulent registration; damages

§ 44-1451 - Remedies for infringement

§ 44-1452 - Common law rights

§ 44-1453 - Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions

§ 44-1455 - Use of unauthorized copy of computer software; violation; classification

§ 44-1456 - Use of trademarked container for other articles; violation; classification

§ 44-1460 - Registration of trade name, title or designation

§ 44-1460.01 - Issuance of certificate; restrictions

§ 44-1460.02 - Effective term of registration; renewal; expiration notice

§ 44-1460.03 - Assignment and recording of rights

§ 44-1460.04 - Public examination of records

§ 44-1460.05 - Exclusive rights; common law rights

§ 44-1460.06 - Electronic filing; acceptance

§ 44-1460.07 - Trade name registration cancellation; release for use

§ 44-1481 - Fraudulent advertising practices defined; violation; classification

§ 44-1482 - Unsolicited commercial fax advertisements; definition

§ 44-1501 - Definitions

§ 44-1502 - Application

§ 44-1503 - Posting of minimum and maximum rates

§ 44-1504 - Accommodations advertised required to be available

§ 44-1505 - False statements prohibited

§ 44-1506 - Construction

§ 44-1507 - Violation; classification

§ 44-1521 - Definitions

§ 44-1522 - Unlawful practices; intended interpretation of provisions

§ 44-1523 - Exemptions

§ 44-1524 - Powers of attorney general

§ 44-1525 - Confidentiality of information or evidence

§ 44-1526 - Subpoena; hearing; rules and regulations

§ 44-1527 - Failure to supply information or obey subpoena; hearing

§ 44-1528 - Remedies; injunction; other reliefs; receiver

§ 44-1529 - Powers of receiver

§ 44-1530 - Assurance of discontinuance of unlawful practice

§ 44-1531 - Violations; civil penalties

§ 44-1531.01 - Consumer protection-consumer fraud revolving fund; use of fund

§ 44-1531.02 - Consumer restitution and remediation revolving fund; subaccounts

§ 44-1532 - Violation of order or injunction; penalty

§ 44-1533 - Cumulative remedies

§ 44-1534 - Costs recoverable

§ 44-1551 - Definitions

§ 44-1552 - Disclosures to be made by distributor before conclusion of agreement

§ 44-1553 - Voidable franchises

§ 44-1554 - Prohibited practices

§ 44-1555 - Permitted practices

§ 44-1556 - Termination of franchise; notice; grounds

§ 44-1557 - Required provisions in agreements between distributors and dealers

§ 44-1558 - Obligation of distributor to repurchase upon termination of agreement; designation of successor in interest

§ 44-1559 - Remedies

§ 44-1560 - Waiver limitation

§ 44-1561 - Arizona commerce authority; fuel price data; availability

§ 44-1562 - Full-service gasoline stations; assistance to drivers with disabilities

§ 44-1565 - Definitions

§ 44-1566 - Franchise termination

§ 44-1567 - Action for damages; other remedies; defense

§ 44-1601 - Definitions

§ 44-1602 - Requirements of dealers of precious items; violation; classification

§ 44-1603 - Applicability

§ 44-1604 - Local ordinances

§ 44-1611 - Definitions

§ 44-1612 - Exemption qualifications

§ 44-1613 - Unlawful moving practices

§ 44-1614 - Delivery and unloading of household goods; exemption

§ 44-1615 - Waiver prohibited; failure to comply with article

§ 44-1616 - Lawful collection of monies

§ 44-1621 - Definitions

§ 44-1622 - Pawn tickets; requirements

§ 44-1623 - Sale of pledged goods

§ 44-1624 - Pawn transactions; reportable transactions

§ 44-1625 - Report to sheriff

§ 44-1626 - Interest; fees; payment; military members

§ 44-1627 - Licensing; requirements

§ 44-1628 - Revocation and suspension

§ 44-1629 - Fees; penalty

§ 44-1630 - False representation

§ 44-1631 - Violations; classification

§ 44-1632 - Pawnshop hours; city or town ordinance

§ 44-1641 - Definitions

§ 44-1641.02 - Law enforcement; theft notification website

§ 44-1641.03 - Registration; application; information disclosed on website

§ 44-1641.04 - Registration; fees

§ 44-1641.05 - Items required to be maintained at place of business; city or county ability to recover costs; violation; civil penalty

§ 44-1642 - Records of purchase; transaction limitations; age requirement for scrap metal seller; used catalytic converter retainment period; exception

§ 44-1642.01 - Prohibited scrap metal transactions; exceptions; violation; classification

§ 44-1642.02 - Scrap vehicle purchase; applicable law

§ 44-1643 - Violation; classification

§ 44-1644 - Report; exemption; violation; classification

§ 44-1645 - Applicability; state preemption

§ 44-1646 - Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability

§ 44-1647 - Department of public safety; transaction form

§ 44-1648 - Preemption; power of local authorities; city, town or county licensing system

§ 44-1649 - Joint legislative committee on metal theft

§ 44-1651 - Definitions

§ 44-1652 - Operating bucket shop prohibited; classification

§ 44-1653 - Owner or manager of property permitting bucket shop; classification

§ 44-1654 - Telegraph or telephone company permitting use of instrument in bucket shop; classification

§ 44-1655 - Making or offering to make future contract; classification; defense

§ 44-1656 - Acting or offering to act as agent or broker to make future contract; classification

§ 44-1657 - Facts constituting prima facie proof of future contract

§ 44-1658 - Burden of proof in prosecution for making future contract

§ 44-1659 - Injunctive remedy against bucket shop

§ 44-1660 - Compulsory testimony regarding futures or bucket shops; prosecution of witness prohibited

§ 44-1671 - Definitions

§ 44-1672 - License required; exemptions

§ 44-1673 - Application for license; contents

§ 44-1674 - Inventory

§ 44-1675 - Verification

§ 44-1676 - Fee and bond

§ 44-1677 - Issuance of license

§ 44-1678 - Numbering of inventoried articles; subsequent inventory; intent to defraud

§ 44-1679 - Articles stocked within sixty days prior to application

§ 44-1680 - Representation of articles

§ 44-1681 - Return of purchases; display of notice

§ 44-1682 - Suspension, restoration of licenses; appeal

§ 44-1683 - Licensee's responsibility

§ 44-1684 - Sale of articles described falsely

§ 44-1685 - Application of article; exemptions

§ 44-1686 - Violation; classification

§ 44-1691 - Definitions

§ 44-1692 - Permissible use of consumer reports

§ 44-1693 - Access to reports by a consumer

§ 44-1694 - Correction of credit reports

§ 44-1695 - Liability

§ 44-1696 - Unlawful acts; classification

§ 44-1697 - Fair credit reporting

§ 44-1698 - Security freeze on credit reports and credit scores; fees prohibited; definitions

§ 44-1698.01 - Consumer credit reports; extension of credit; identity theft; definition

§ 44-1698.02 - Security freezes; credit reports; protected person; fee prohibited; definitions

§ 44-1701 - Definitions

§ 44-1702 - Exemptions

§ 44-1703 - Credit services organizations; prohibited activities

§ 44-1704 - Information statement; necessity and time of delivery to buyer; acknowledgment of delivery; retention on file

§ 44-1705 - Information statement; contents

§ 44-1706 - Contracts; requirements; contents

§ 44-1707 - Credit service organization's breach of contract or obligation; violation of article

§ 44-1708 - Surety bond; procedures to obtain or establish; claim by action at law; limit of liability

§ 44-1709 - Waiver of rights by buyer; prohibition; burden of proof on exemption or exception from article

§ 44-1710 - Violation; classification; enforcement

§ 44-1711 - Action for recovery of damages by buyer

§ 44-1712 - Application of other laws; remedies as additional

§ 44-1721 - Definitions

§ 44-1722 - Registration of name or mark; notice

§ 44-1723 - Unlawful activities; civil action

§ 44-1724 - Damages; costs; attorney fees

§ 44-1725 - Presumption of unauthorized activity

§ 44-1731 - Definitions

§ 44-1732 - Violation; classification

§ 44-1733 - Sale or contract for sale of interest in pyramid promotional scheme voidable

§ 44-1734 - Scope of remedy

§ 44-1735 - Pyramid promotional scheme; prohibition; defenses excluded

§ 44-1741 - Definitions

§ 44-1742 - Written contract required; conspicuous statement of cost; limitation of amount

§ 44-1743 - Limitation on payment period; prohibition against life contract; single contract

§ 44-1744 - Contract; additional provisions required

§ 44-1745 - Execution of notes; assignment; customer's defenses retained

§ 44-1746 - Relief from payment

§ 44-1747 - Voidable contracts; waiver voidable; damages for violation of article

§ 44-1748 - Violation of provisions of article; injunction

§ 44-1751 - Definitions

§ 44-1752 - Pharmacy benefits managers; prohibitions; applicability

§ 44-1753 - Prescription medications; ninety-day fill; exceptions

§ 44-1754 - Delivery of prescription drugs; disclosure; exception

§ 44-1761 - Definitions

§ 44-1762 - Solar energy device warranties; installation standards; inspections

§ 44-1763 - Distributed energy generation system agreements; disclosures; exception

§ 44-1764 - Distributed energy generation systems; interconnection

§ 44-1771 - Definitions

§ 44-1772 - Art dealer and artist; relationship

§ 44-1773 - Purchase or resale of consigned fine art by art dealer

§ 44-1774 - Trust property exempt from claims of art dealer's creditors

§ 44-1775 - Art dealer required to obtain written contract

§ 44-1776 - Art dealer; duties

§ 44-1777 - Waiver voided

§ 44-1778 - Civil penalty

§ 44-1791 - Definitions

§ 44-1792 - Exemption

§ 44-1793 - Contract form; conspicuous statement of costs; duration and cancellation

§ 44-1794 - Execution of notes; assignment; customer's defenses retained

§ 44-1795 - Installment payments

§ 44-1796 - Voidable contracts; waiver voidable; damages

§ 44-1797 - Definitions

§ 44-1797.01 - Bond; amount; copy; conflict of interest

§ 44-1797.02 - Bond; beneficiaries; actions; liability; cancellation

§ 44-1797.03 - Cash deposit in lieu of bond

§ 44-1797.04 - Disclosures by buying organization; nature of services; listing of items; warranties or guarantees; charges; criminal or civil actions

§ 44-1797.05 - Written contract; contents

§ 44-1797.06 - Payment or financing period; limitation

§ 44-1797.07 - Availability of services; time

§ 44-1797.08 - Prohibition of notes cutting off, as to third parties, buyer's right of action or defense against seller

§ 44-1797.09 - Prohibition against assignment or transfer of contract cutting off buyer's right of action or defense against organization

§ 44-1797.10 - Receipt of payment or monies; delivery or availability of goods; time; refund; trust account; deposits and withdrawals

§ 44-1797.11 - Cancellation of contract; time; definition

§ 44-1797.12 - Voidable contracts; reference to compliance with article

§ 44-1797.13 - Misrepresentation; contract void and unenforceable

§ 44-1797.14 - Rescission and pro rata refund; removal of place of business

§ 44-1797.15 - Transfer to another entity of duty or obligation to provide services; defense in action for enforcement or collection on contract; definition

§ 44-1797.16 - Action for damages and restitution of monies paid; treble damages and attorney fees and costs

§ 44-1797.17 - Violation; classification

§ 44-1797.18 - Provisions not exclusive

§ 44-1797.19 - Waiver

§ 44-1797.20 - Enforcement

§ 44-1798 - Definitions

§ 44-1798.01 - Sales representative contract

§ 44-1798.02 - Termination of sales representative contract; payment of earned commissions

§ 44-1798.03 - Revocable offers of commission

§ 44-1798.04 - Jurisdiction; no waiver; election of remedies

§ 44-1798.05 - Applicability

§ 44-1798.21 - Loan servicing; service of process; definitions

§ 44-1799 - Definitions

§ 44-1799.01 - Initial veterinary examination

§ 44-1799.02 - Information statement; purchaser rights; notice

§ 44-1799.03 - Record keeping

§ 44-1799.04 - Animal care requirements; violation; classification

§ 44-1799.05 - Purchaser remedies for sale of unfit cats or dogs; requirements; exceptions

§ 44-1799.06 - Contested actions; procedures

§ 44-1799.07 - Presumption of illness

§ 44-1799.08 - Civil penalties; enforcement actions

§ 44-1799.09 - Applicability to other laws; waiver of rights

§ 44-1799.10 - Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping

§ 44-1799.11 - Pet dealer regulation; state preemption

§ 44-1799.21 - Casket sales; price disclosure; definition

§ 44-1799.31 - Definitions

§ 44-1799.32 - Prohibition of certain shopping cart activity; applicability; consent; presumption

§ 44-1799.33 - Finding; impoundment of shopping carts by local agencies; conditions; emergencies; costs; fines; disposal of unclaimed carts; applicability

§ 44-1799.34 - Shopping cart retrieval; records; sign

§ 44-1799.35 - Applicability of article; local ordinances

§ 44-1799.36 - Violation; classification; applicability

§ 44-1799.41 - Heavy equipment rental agreements; requirements; definition

§ 44-1799.51 - Loan information; solicitations; restrictions; injunction; definition

§ 44-1799.61 - Definition of amusement ride

§ 44-1799.62 - Municipality and county powers; public inspection exception; violation; classification

§ 44-1799.63 - Amusement ride owners and operators; requirements; denial of entry

§ 44-1799.64 - Enforcement

§ 44-1799.71 - Unlawful public sale of animals; civil penalty; definitions

§ 44-1799.81 - Recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers; record keeping; civil penalty; violation; classification; definition

§ 44-1799.91 - Definitions

§ 44-1799.92 - Direct primary care agreements; requirements; notice

§ 44-1799.93 - Direct primary care provider; acceptance and discontinuance of patients

§ 44-1799.94 - Direct primary care agreements; fees

§ 44-1799.95 - Direct primary care agreements; dentists

§ 44-1799.96 - Direct primary care agreements; regulation

§ 44-1801 - Definitions

§ 44-1811 - Director of securities

§ 44-1812 - Assistant director of securities

§ 44-1813 - Employment of personnel; criminal records check

§ 44-1814 - Travel and other necessary expenses of employees

§ 44-1815 - Cooperation with other securities agencies

§ 44-3111 - Director of securities

§ 44-3112 - Assistant director of securities

§ 44-3113 - Employment of personnel

§ 44-3114 - Travel and other necessary expenses of employees

§ 44-3115 - Cooperation with other agencies

§ 44-1821 - General rule-making power of commission; delegation of authority; limitation

§ 44-1822 - Investigations

§ 44-1823 - Power to require testimony and production of records; order of nondisclosure

§ 44-1824 - Dealer examination assessment; foreign examination cost; payment

§ 44-1825 - Contempt; penalty

§ 44-1826 - No-action requests

§ 44-3131 - General rule making power of commission; delegation of authority; limitation

§ 44-3132 - Investigations

§ 44-3133 - Power to require testimony and production of records; order of nondisclosure

§ 44-3134 - Contempt; penalty

§ 44-3135 - No-action letters

§ 44-1841 - Sale of unregistered securities prohibited; classification

§ 44-1842 - Transactions by unregistered dealers and salesmen prohibited; classification

§ 44-1843 - Exempt securities; fee; filing

§ 44-1843.01 - Nonexempt government securities; covered securities; exemptions

§ 44-1843.02 - Special filing requirements for certain exempt or federal covered securities

§ 44-1844 - Exempt transactions

§ 44-1845 - Exemption or special registration of certain securities and transactions by commission rule

§ 44-1846 - Powers of commission to exempt certain securities or transactions

§ 44-1847 - Power of commission to exempt certain securities or transactions of regulated issuers

§ 44-1848 - Registration of dealers and salesmen dealing with certain exempt securities or engaging in certain exempt transactions; exemptions

§ 44-1849 - Real property investment contracts; recording

§ 44-1850 - Viatical or life settlement investment contracts

§ 44-1861 - Fees; deposit; abandonment

§ 44-1862 - Consent to service of process; service on commission

§ 44-1863 - Receipt of electronic securities filings

§ 44-1871 - Securities that may be registered by description

§ 44-1872 - Procedure for registration by description; registration statement; consent to service of process

§ 44-1873 - Recording of registration; effective date of registration; renewal; eligibility of registered securities for sale

§ 44-1874 - Registration of additional securities by description

§ 44-1875 - Filing of additional information

§ 44-1876 - Escrow of certain securities; restrictive sales agreement

§ 44-1877 - Escrow of treasury stock; restrictive sales agreement

§ 44-1878 - Impoundment of funds from sale of speculative securities

§ 44-1891 - Registration by qualification

§ 44-1892 - Documents required for application for registration by qualification; fee

§ 44-1893 - Application for registration of securities by qualification; contents; accompanying documents; signature and verification

§ 44-1894 - Prospectus; contents; use of consolidated financial statements; amendment or supplement to prospectus required to show material change

§ 44-1895 - Preparation of required financial statements

§ 44-1896 - Substitution of prospectus filed under or complying with standards of form prescribed by or under securities act of 1933 for prospectus required by sections 44-1892 and 44-1894

§ 44-1897 - Amendment or withdrawal of application, prospectus or other documents

§ 44-1898 - Registration in securities register of securities complying with requirements for registration by qualification; sale of registered securities authorized; delivery of prospectus to purchasers

§ 44-1899 - Renewal of registration by qualification

§ 44-1900 - Registration of additional securities by qualification

§ 44-1901 - Registration of certain securities by qualification; definitions

§ 44-1902 - Power of the commission to register certain securities by uniform limited offering registration

§ 44-1921 - Denial of registration by qualification

§ 44-1922 - Revocation of registration by qualification or description; grounds

§ 44-1923 - Order denying or revoking registration; notice to issuer and dealers

§ 44-1924 - Order suspending registration; grounds; hearing; notice

§ 44-1941 - Application for registration as dealer; contents; filing; consent to service of process; fee; exemption

§ 44-1942 - Power of commission or director to require filing of additional information

§ 44-1943 - Power of commission to require bond from dealer

§ 44-1944 - Registration in register of dealers and salesmen of applicant complying with requirements

§ 44-1945 - Application for registration as salesman; filing; contents; exemptions

§ 44-1946 - Registration in register of dealers and salesmen of applicant complying with requirements

§ 44-1947 - Register of dealers and salesmen; recording registration and orders; transfer or expiration of registration

§ 44-1948 - Reporting requirements of dealers and salesmen; real property records

§ 44-1949 - Duty of dealer to give notice of termination of employment of salesman; automatic suspension of salesman's registration; notice of employment of salesman

§ 44-1950 - Active military duty; compensation

§ 44-1961 - Grounds for denial, revocation or suspension of dealer registration; administrative remedies

§ 44-1962 - Grounds for denial, revocation or suspension of registration of salesman; administrative remedies

§ 44-1963 - Entry of order of denial, revocation or suspension

§ 44-1964 - Temporary suspension orders

§ 44-1971 - Initiation of hearing; purpose of hearing

§ 44-1972 - Notice of and opportunity for hearing; time of hearing

§ 44-1973 - Conduct of hearing

§ 44-1974 - Rehearings

§ 44-1981 - Judicial review

§ 44-1991 - Fraud in purchase or sale of securities

§ 44-1992 - Filing of misleading information with commission

§ 44-1993 - Misrepresentation of effect of registration of securities

§ 44-1994 - Misrepresentation of effect of registration of dealers or salesmen

§ 44-1995 - Violation; classification

§ 44-1996 - Prohibition of referral fees

§ 44-1997 - False registration statement; liability

§ 44-1998 - Offers and sales; liability

§ 44-1999 - Controlling persons; liability

§ 44-2000 - Contrary stipulations void

§ 44-2001 - Voidable sale or contract for sale of securities; remedy

§ 44-2002 - Remedy for voidable purchases

§ 44-2003 - Joint and several liability; proportionate liability; determination of responsibility; uncollectible share; settlement discharge; limitation on actions; definitions

§ 44-2004 - Limitation of civil actions

§ 44-2005 - Remedy not exclusive

§ 44-2011 - Petition for appointment of conservator or receiver

§ 44-2012 - Complaint; contents

§ 44-2013 - Preliminary injunction; appointment of temporary conservator or receiver

§ 44-2014 - Permanent injunction; permanent conservator or receiver

§ 44-2015 - Conservator; bond; powers and duties

§ 44-2016 - Duration of appointment of conservator; distributing assets; winding up affairs of violator

§ 44-2017 - Compensation of conservators and other personnel

§ 44-2031 - Jurisdiction and venue of offenses and actions; joinder of spouse

§ 44-2032 - Cease and desist orders; civil penalty; injunctions; civil restitution; prosecutions for violations

§ 44-2033 - Burden of proof of exemptions

§ 44-2034 - Evidence of registration or notice filing; lack of registration or notice filing

§ 44-2035 - Evidence of record of proceedings

§ 44-2036 - Administrative penalty

§ 44-2037 - Civil penalties

§ 44-2038 - Costs recoverable

§ 44-2039 - Securities regulatory and enforcement fund; purpose

§ 44-2040 - Violation; classification

§ 44-2041 - Continuance of prior law for certain purposes

§ 44-2042 - Confidentiality

§ 44-2051 - Advancement of economic development and capital formation

§ 44-2052 - Exchange operation; commission rules

§ 44-2053 - Limitation on liability

§ 44-2055 - Securities public reference rooms

§ 44-2056 - Free trade

§ 44-2081 - Private securities class action litigation

§ 44-2082 - Requirements for securities fraud actions involving misleading statements or omissions

§ 44-2083 - Sanctions for abusive litigation

§ 44-2084 - Right to written interrogatories

§ 44-2085 - Limitation on damages; definition

§ 44-2086 - Attorney fees paid from disgorgement monies; prohibition

§ 44-2087 - Application of safe harbor for forward-looking statements; definitions

§ 44-2121 - Definition of illegal act

§ 44-2122 - Audit requirements

§ 44-2123 - Audit discoveries; required responses

§ 44-2124 - Auditor liability limitation

§ 44-2125 - Civil penalties in cease and desist proceedings

§ 44-2126 - Preservation of existing authority

§ 44-3101 - Definitions

§ 44-3102 - Interpretations by commission

§ 44-3151 - Licensure required; exclusion; violation; classification

§ 44-3152 - Exemption of certain investment advisers and investment adviser representatives; private fund adviser exemption; definitions

§ 44-3153 - Application for licensure as investment adviser; notice filings by federal covered advisers

§ 44-3154 - Licensure application; additional information

§ 44-3155 - Investment adviser license; notification

§ 44-3156 - Application for licensure as investment adviser representative

§ 44-3157 - Investment adviser representative license; notification

§ 44-3158 - Expiration, renewal or transfer of licensure; automatic suspension

§ 44-3159 - Reporting requirements

§ 44-3181 - Fees; penalties; abandonment

§ 44-3201 - Grounds for denial, revocation or suspension of license; administrative remedies

§ 44-3202 - Entry of order of denial, suspension or revocation

§ 44-3211 - Initiation of hearing; purpose of hearing

§ 44-3212 - Notice of an opportunity for a hearing; time of hearing

§ 44-3213 - Conduct of hearing

§ 44-3214 - Rehearings

§ 44-3231 - Judicial review

§ 44-3241 - Fraud in provision of investment advisory services; liability; violation; classification

§ 44-3271 - Petition for appointment of conservators and receivers

§ 44-3272 - Conservators and receivers

§ 44-3291 - Jurisdiction and venue of offenses and actions; joinder of spouse

§ 44-3292 - Cease and desist orders; injunctions; civil restitution; prosecutions for violations

§ 44-3293 - Burden of proof of exemptions

§ 44-3294 - Evidence of licensure or lack of licensure

§ 44-3295 - Evidence of record of proceedings

§ 44-3296 - Administrative penalty

§ 44-3297 - Costs recoverable

§ 44-3298 - Investment management regulatory and enforcement fund; purpose

§ 44-3299 - State liability; limitation

§ 44-3300 - Confidentiality

§ 44-3321 - Notice filings by open-end companies and unit investment trusts

§ 44-3322 - Amount and term of securities subject to notice filing

§ 44-3323 - Sales reports

§ 44-3324 - Notice filing fees

§ 44-3325 - Notice filings by closed-end companies

§ 44-5001 - Definitions

§ 44-5002 - Cancellation period; method of cancellation; intent; waiver void

§ 44-5003 - Referral sales, rebate or discount violations

§ 44-5004 - Agreement requirements

§ 44-5005 - Transfer

§ 44-5006 - Time limitation; disposition of goods

§ 44-5007 - Buyer responsibility; services

§ 44-5008 - Violation; classification

§ 44-5101 - Wholesale buyers; wholesale sellers; disclosure; unlawful practice; definitions

§ 44-5501 - Restrictions

§ 44-6001 - Definitions

§ 44-6002 - Retail installment contracts; retail charge account agreements; definitions

§ 44-6004 - Assignment or transfers

§ 44-6005 - Periodic statements required

§ 44-6006 - Violation; bar to recovery

§ 44-6501 - Authorization to apply for foreign trade zone

§ 44-6551 - Definitions

§ 44-6561 - Unlawful acts or practices; violation; classification; civil penalty

§ 44-6701 - Definitions

§ 44-6702 - Prohibited acts of supplier

§ 44-6703 - Dealer agreements; cancellation

§ 44-6704 - Surplus parts inventory; credits

§ 44-6705 - Cancellation of dealer agreement; repurchase

§ 44-6706 - Repurchase; title; security interest

§ 44-6707 - Death of equipment dealer; definition

§ 44-6708 - Cause of action; remedies

§ 44-6709 - Current agreements; effect of law; void provisions

§ 44-6751 - Investment of pension funds

§ 44-6801 - Definitions

§ 44-6802 - Applicability

§ 44-6803 - General requirements of disclosure

§ 44-6804 - Disclosures

§ 44-6805 - Prohibited rental-purchase agreement terms; practices

§ 44-6806 - Collection practices

§ 44-6807 - Reinstatement

§ 44-6808 - Receipts

§ 44-6809 - Renegotiations

§ 44-6810 - Advertising

§ 44-6811 - Enforcement; penalties

§ 44-6812 - Lessor's defenses; definition

§ 44-6813 - Assignment of a rental-purchase agreement

§ 44-6814 - Notices

§ 44-6851 - Definitions

§ 44-6852 - Dishonored checks; service fee

§ 44-6951 - Definitions

§ 44-6952 - Senior residential entrance fee contracts; provider registration; registration fee

§ 44-6953 - Maintaining valid registration

§ 44-6954 - Senior residential entrance fee contracts; offer; rescission; disclosure

§ 44-7001 - Short title

§ 44-7002 - Definitions

§ 44-7003 - Scope

§ 44-7004 - Prospective application

§ 44-7005 - Use of electronic records and signatures; variation by agreement

§ 44-7006 - Construction; application

§ 44-7007 - Legal recognition of electronic records, signatures and contracts; definition

§ 44-7008 - Provision of information in writing; presentation of records

§ 44-7009 - Attribution and effect of electronic record and signature

§ 44-7010 - Effect of change or error

§ 44-7011 - Notarization; acknowledgment

§ 44-7012 - Electronic records retention; originals; definition

§ 44-7013 - Admissibility in evidence

§ 44-7014 - Automated transaction contracts

§ 44-7015 - Time and place of sending and receipt

§ 44-7016 - Transferable records; definition

§ 44-7031 - Secure electronic signatures

§ 44-7032 - Secure electronic records

§ 44-7033 - Presumptions

§ 44-7034 - Electronic notarization; acknowledgment

§ 44-7041 - Creation; retention; conversion of written records

§ 44-7042 - Sending and accepting electronic records; exemption

§ 44-7043 - Interoperability

§ 44-7051 - Consumer protection

§ 44-7052 - Electronic delivery of written communications; exception; definition

§ 44-7061 - Signatures and records secured through blockchain technology; smart contracts; ownership of information; definitions

§ 44-7101 - Tobacco product manufacturers escrow accounts; model statute

§ 44-7111 - Tobacco; nonparticipating manufacturers; civil penalty; violation; classification

§ 44-7151 - Definitions

§ 44-7152 - Dating referral services contracts

§ 44-7153 - Rescission; refunds; definition

§ 44-7154 - Prohibited contract provisions; prohibited acts

§ 44-7155 - Damages; attorney fees

§ 44-7156 - Enforcement by attorney general

§ 44-7157 - Fraud ban disclosures

§ 44-7401 - Definitions

§ 44-7402 - Gift card fees prohibited; underlying monies expiration date prohibited; civil penalty

§ 44-7601 - Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition

§ 44-7701 - Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties

§ 44-7801 - Definitions

§ 44-7802 - Acceptance of credit card agreement

§ 44-7803 - Consumer credit cardholder liability

§ 44-7804 - Establishment of amount owed on a credit card account

§ 44-7805 - Establishment of interest rate

§ 44-7806 - Consumer protection rights

§ 44-7851 - Definitions

§ 44-7852 - Private party firearms transfer; state or political subdivision encumbrance prohibited

§ 44-7901 - Definitions

§ 44-7902 - Mugshot website operators; prohibited acts; exceptions

§ 44-7951 - Businesses exempt from mask mandate

§ 44-8001 - Definitions

§ 44-8002 - Direct-to-consumer genetic testing company requirements; prohibition

§ 44-8003 - Exceptions

§ 44-8004 - Enforcement; violation; civil penalty; damages; costs; attorney fees

§ 44-8021 - Dog or cat possession; microchip scan; owner notification; definition