Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 6 - Business Practices

§ 4-71-215. Forum for actions regarding registration — Service on out-of-state registrants - (a) (1) Actions to require cancellation of a mark registered...

§ 4-71-216. Common law rights - Nothing in this subchapter shall adversely affect the rights or...

§ 4-71-217. Fees - (a) The Secretary of State shall by rule prescribe the...

§ 4-71-218. Repeal of prior acts — Intent of subchapter - (a) (1) This subchapter shall not affect any suit, proceeding,...

Chapter 72 - Franchises

Subchapter 2 - Arkansas Franchise Practices Act

§ 4-72-201. Title - This subchapter shall be known and may be cited as...

§ 4-72-202. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-72-203. Applicability of subchapter - This subchapter applies only to a franchise entered into, renewed,...

§ 4-72-204. Termination, cancellation, or failure to renew - (a) It shall be a violation of this subchapter for...

§ 4-72-205. Transfer, assignment, or sale of franchise - (a) It shall be a violation of this subchapter for...

§ 4-72-206. Unlawful practices of franchisors - (a) It is a violation of this subchapter for a...

§ 4-72-207. Misleading and fraudulent schemes — Penalty — Prosecutions - (a) It shall be unlawful for any person, directly or...

§ 4-72-208. Franchisee's remedies - (a) Any franchisee who is harmed by a violation or...

§ 4-72-209. Franchisee's right of repurchase - Upon termination of any franchise by a franchisor without good...

§ 4-72-210. Immunity granted those furnishing information - No liability on the part of, and no cause of...

Subchapter 3 - Farm Equipment Retailer Franchise Protection

§ 4-72-301. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-72-302. Applicability of subchapter — Subchapter cumulative - (a) The provisions of this subchapter shall apply to all...

§ 4-72-303. Security interests unaffected by subchapter — Bulk sales law inapplicable - The provisions of this subchapter shall not be construed to...

§ 4-72-304. Wholesaler, manufacturer, or distributor to repurchase undamaged goods and cover cost of return - (a) The wholesaler, manufacturer, or distributor shall repurchase that inventory...

§ 4-72-305. Retailer's option on merchandise at termination of franchise - Whenever any retailer enters into a franchise agreement, evidenced by...

§ 4-72-306. Death of retailer equivalent to termination - (a) In the event of the death of the retailer...

§ 4-72-307. Inventory not required to be repurchased - The provisions of this subchapter shall not require the repurchase...

§ 4-72-308. Title and possession of inventory - Upon payment of the repurchase amount to the retailer, the...

§ 4-72-309. Liability for failure to repurchase - If any wholesaler, manufacturer, or distributor fails or refuses to...

§ 4-72-310. Violations - (a) It is a violation of this subchapter for a...

§ 4-72-311. Warranties - (a) This section applies to a warranty claim submitted by...

Subchapter 4 - Petroleum Products Suppliers and Distributors

§ 4-72-401. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-72-402. Franchise — Cancellation or termination - (a) A petroleum products supplier shall not cancel, or otherwise...

§ 4-72-403. Remedies for cancellation, termination, etc., of contract - If any petroleum products supplier shall cancel or otherwise terminate...

Subchapter 5 - Petroleum Products Suppliers, Dealers, and Distributors

§ 4-72-501. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-72-502. Franchise — Cancellation or termination - (a) A petroleum products supplier or a petroleum products distributor...

§ 4-72-503. Remedies for cancellation, termination, etc., of franchise - (a) If any petroleum products supplier or distributor cancels, refuses...

Subchapter 6 - Procedural Fairness for Restaurant Franchisees

§ 4-72-601. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-72-602. Commencement of civil action or arbitration proceeding - (a) A party to a restaurant franchise may commence a...

§ 4-72-603. Applicability - (a) This subchapter applies to a restaurant franchise operated in...

Chapter 73 - Sales and Exhibitions of Art

Subchapter 2 - Artists' Consignment Act

§ 4-73-201. Title - This subchapter may be cited as the “Artists' Consignment Act”.

§ 4-73-202. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-73-203. Applicability of subchapter - This subchapter shall not apply to any contract or arrangement...

§ 4-73-204. Liability of art dealer for violation of subchapter - A violation by an art dealer of any of the...

§ 4-73-205. Waiver of subchapter's provisions void - Any provision, whether oral or written, in or pertaining to...

§ 4-73-206. Consigned artworks exempt from liens and security interests - A work of art delivered to an art dealer for...

§ 4-73-207. Delivery of work of fine art for exhibition or sale — Effects — Liability of dealer for damage or loss - Notwithstanding any custom, practice, or usage of the trade or...

Subchapter 3 - Sales of Fine Prints

§ 4-73-301. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-73-302. Applicability of subchapter - This subchapter applies only to fine prints printed after July...

§ 4-73-303. Liability of seller for violation of subchapter - (a) A person who offers or sells a fine print...

§ 4-73-304. Certificate of information to be furnished purchaser - (a) No person engaged in the business of selling fine...

§ 4-73-305. Information required on certificate - The following information about a fine print shall be furnished...

Chapter 74 - Going-Out-of-Business Sales

§ 4-74-101. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-74-102. Penalty - Any person conducting a going-out-of-business sale contrary to the provisions...

§ 4-74-103. Sales excepted from chapter - The provisions of this chapter shall not be applicable to...

§ 4-74-104. Enforcement of chapter - It is the duty of the sheriff and other law...

§ 4-74-105. License requirement - No person shall advertise or offer for sale a stock...

§ 4-74-106. Application for license - (a) The application for the license shall be in writing...

§ 4-74-107. Bond - (a) The application shall also be accompanied by a cash...

§ 4-74-108. Duration of license — Extension — Display - (a) (1) Each license issued for the conduct of a...

§ 4-74-109. Clerk's duties — Forms for applications and licenses - (a) (1) The county clerk in each county shall design...

§ 4-74-110. Seller may not continue business after sale - A person conducting a going-out-of-business sale licensed under the provisions...

§ 4-74-111. False representation concerning sale unlawful - (a) It is unlawful for any person, firm, corporation, association,...

Chapter 75 - Unfair Practices

Subchapter 1 - General Provisions

§ 4-75-101. Covenant not to compete agreements - (a) A covenant not to compete agreement is enforceable if...

Subchapter 2 - Unfair Practices Act

§ 4-75-201. Title - This subchapter shall be known and designated as the “Unfair...

§ 4-75-202. Purpose - The General Assembly declares that the purpose of this subchapter...

§ 4-75-203. Construction - This subchapter shall be literally construed so that its beneficial...

§ 4-75-204. Penalties - Any person, firm, or corporation, whether as principal, agent, officer,...

§ 4-75-205. Forfeiture of charter, rights, etc. — Proceedings - (a) Upon the third violation of any of the provisions...

§ 4-75-206. Contracts violating subchapter illegal - Any contract, express or implied, made by any person, firm,...

§ 4-75-207. Destruction of competition by price discrimination prohibited - (a) It shall be unlawful for any person, firm, or...

§ 4-75-208. Secret payments or allowance of rebates, refunds, etc. — Penalty - (a) The secret payment or allowance of rebates, refunds, commissions,...

§ 4-75-209. Sale at less than cost or with intent to injure competitors - (a) (1) It shall be unlawful for any person, partnership,...

§ 4-75-210. Liability of directors, officers, agents, etc. — Proof of unlawful intent - (a) Any person who, either as director, officer, or agent...

§ 4-75-211. Remedies — Witnesses and documents — Immunity - (a) Any person, firm, private corporation, or municipal or other...

§ 4-75-212. Civil actions and settlements by the Attorney General - (a) In addition to the other remedies provided in this...

§ 4-75-213. Person defined - Unless otherwise defined, for purposes of this subchapter, “person” means...

§ 4-75-214. Awards to the Attorney General — Use of moneys - (a) There shall be established within the office of the...

§ 4-75-215. Action not barred because it affects interstate or foreign commerce - (a) This subchapter is to apply to any economic activity...

§ 4-75-216. Venue - Any action, application, or motion brought by the Attorney General...

§ 4-75-217. Statute of limitations - (a) Any action brought by the Attorney General pursuant to...

Subchapter 3 - Monopolies Generally

§ 4-75-301. Definition - As used in this subchapter, unless the context otherwise requires,...

§ 4-75-302. Monopolies unlawful - A monopoly, as defined in § 4-75-301, is declared to...

§ 4-75-303. Lawful commerce excepted - The purchase, sale, delivery, or disposition of any article of...

§ 4-75-308. Precedence of actions under subchapter - All actions authorized and brought under this subchapter shall have...

§ 4-75-309. Fixing prices or quantities of products - Any corporation organized under the laws of this or any...

§ 4-75-310. Driving out or financially injuring competition - If any person, company, partnership, association, corporation, or agent engaged...

§ 4-75-315. Civil actions and settlements by the Attorney General - (a) In addition to the other remedies provided in this...

§ 4-75-316. Person defined - Unless otherwise defined, for purposes of this subchapter, “person” means...

§ 4-75-317. Awards to the Attorney General — Use of moneys - (a) There shall be established within the office of the...

§ 4-75-318. Action not barred because it affects interstate or foreign commerce - (a) This subchapter is to apply to any economic activity...

§ 4-75-319. Venue - Any action, application, or motion brought by the Attorney General...

§ 4-75-320. Statute of limitations - (a) Any action brought by the Attorney General pursuant to...

Subchapter 4 - Automobile Dealer's Anti-Coercion Act

§ 4-75-401. Title - This subchapter shall be known and shall be cited as...

§ 4-75-402. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-75-403. Subchapter cumulative - The provisions of this subchapter shall be held cumulative to...

§ 4-75-404. Penalties — Persons subject to penalties - (a) Any person shall be guilty of a Class B...

§ 4-75-405. Forfeiture of charter rights, etc., and dissolution for violations — Proceedings - For a violation of any of the provisions of this...

§ 4-75-406. Foreign corporations violating subchapter prohibited from doing business - Every foreign corporation, as well as every foreign association, exercising...

§ 4-75-407. Contracts violating subchapter void - Any contract or agreement in violation of the provisions of...

§ 4-75-408. Exclusive financing agreements — Prohibition - It shall be unlawful for any person who is engaged,...

§ 4-75-409. Exclusive financing agreements — Threats as prima facie evidence - Any threat, expressed or implied, made to any person engaged...

§ 4-75-410. Exclusive financing agreements — Threats presumed made at direction of manufacturer or distributor - Any threat, expressed or implied, made to any person engaged...

§ 4-75-411. Unlawful subsidies or discrimination - (a) It shall be unlawful for any person who is...

§ 4-75-412. Actions by injured parties - (a) In addition to the criminal and civil penalties provided...

§ 4-75-413. Arbitration and forum selection clauses in the sale of motor vehicles - (a) Except as provided in subsection (b) of this section,...

Subchapter 5 - Price Discrimination

§ 4-75-501. Manufactured products, coal oil, or dressed beef - (a) It is unlawful for any person, company, corporation, or...

§ 4-75-502. Purchase of commodities - (a) Any person, firm, company, association, or corporation, foreign or...

§ 4-75-503. Furnishing or transmitting news - (a) (1) (A) All corporations, companies, individuals, associations, or persons...

Subchapter 6 - Theft of Trade Secrets

§ 4-75-601. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-75-602. Effect of subchapter on other law - (a) This subchapter displaces conflicting tort, restitutionary, and other law...

§ 4-75-603. Statute of limitations - An action for misappropriation must be brought within three (3)...

§ 4-75-604. Injunctive relief - (a) Actual or threatened misappropriation may be enjoined. (b) Upon...

§ 4-75-605. Preservation of secrecy - In an action under this subchapter, a court shall preserve...

§ 4-75-606. Damages - (a) In addition to or in lieu of injunctive relief,...

§ 4-75-607. Attorney's fees - The court may award reasonable attorneys' fees to the prevailing...

Subchapter 7 - Unfair Cigarette Sales Act

§ 4-75-701. Title - This subchapter shall be known and may be cited as...

§ 4-75-702. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-75-703. Sales excepted from subchapter - (a) This subchapter does not apply to a sale at...

§ 4-75-704. Transactions permitted to meet lawful competition - (a) (1) Any wholesaler may advertise, offer to sell, or...

§ 4-75-705. Contracts in violation of subchapter void - Any contract, express or implied, made by any person in...

§ 4-75-706. Director of Arkansas Tobacco Control — Powers and duties - (a) (1) The Director of Arkansas Tobacco Control may prescribe,...

§ 4-75-707. Permit requirement - (a) A person shall not engage in or conduct the...

§ 4-75-708. Sales at less than cost, rebates, concessions, etc. — Penalty - (a) It shall be unlawful for any wholesaler, retailer, or...

§ 4-75-709. Combination sales - (a) (1) In all advertisements, offers for sale, or sales...

§ 4-75-710. Sales by a wholesaler to a wholesaler - When one wholesaler sells cigarettes to any other wholesaler, the...

§ 4-75-711. Determination of cost generally — Cost surveys - (a) In determining cost to the wholesaler and cost to...

§ 4-75-712. Determination of cost — Sales outside ordinary channels of business - In establishing the basic cost of cigarettes to a wholesaler...

§ 4-75-713. Remedies - (a) The Director of Arkansas Tobacco Control or any person...

Subchapter 8 - Milk and Other Dairy Products

§ 4-75-801. Purpose - (a) It is not the intention of §§ 4-75-801 —...

§ 4-75-802. Definition - (a) As used in §§ 4-75-801 — 4-75-806, 4-75-808, and...

§ 4-75-803. Institutions excepted from application of subchapter - Sections 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 shall not apply...

§ 4-75-804. Penalties - The sale, offer, or advertisement for sale of fresh milk...

§ 4-75-805. Sales at less than equivalent competitive price - (a) It shall be unlawful for any person, firm, or...

§ 4-75-806. Rebates, refunds, etc., considered as costs - The payment or allowance of rebates, refunds, commissions, or discounts,...

§ 4-75-807. Fresh dairy products — Unlawful to limit quantity of purchase - (a) It shall be unlawful for any vendor of fresh...

§ 4-75-808. Furnishing equipment free or at less than cost unlawful — Exceptions - (a) It shall be unlawful to furnish any free equipment...

§ 4-75-809. Remedies - (a) In addition to any remedy herein or otherwise and...

Subchapter 9 - Motion Pictures

§ 4-75-901. Purpose - The purpose of this subchapter is to establish fair and...

§ 4-75-902. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 4-75-903. Penalties - Any person violating or failing to comply with the provisions...

§ 4-75-904. Injunctions - Any court of competent jurisdiction is authorized, upon petition of...

§ 4-75-905. Trade screening — Blind bidding prohibited - (a) (1) Blind bidding is prohibited within the state. (2)...

§ 4-75-906. Bidding procedures - If bids are solicited from exhibitors for the licensing of...

Subchapter 10 - Foundation Repair Contracts Act

§ 4-75-1001. Title - This subchapter shall be known and may be cited as...

§ 4-75-1002. Purpose - The purpose of this subchapter is to ensure fair and...

§ 4-75-1003. Definitions - As used in this section: (1) “Contractor” means a person...

§ 4-75-1004. Foundation repair contract requirements - A foundation repair contract shall contain the: (1) Legal description...

§ 4-75-1005. Enforceability - A foundation repair contract is enforceable by a homeowner against...

§ 4-75-1006. Civil remedies - If a homeowner successfully files suit to obtain a remedy...

Subchapter 11 - Frank Broyles Publicity Rights Protection Act of 2016

§ 4-75-1101. Title - This subchapter shall be known and may be cited as...

§ 4-75-1102. Findings and legislative intent - (a) The General Assembly finds that citizens of this state:...

§ 4-75-1103. Definitions - As used in this subchapter: (1) (A) “Commercial use” means...

§ 4-75-1104. Property right in use of name, voice, signature, photograph, or likeness — Prior consent - (a) An individual has a property right in the commercial...

§ 4-75-1105. Exercise of rights after death - (a) Subject to the terms of a transfer, assignment, or...

§ 4-75-1106. Registration - (a) A successor in interest shall register a claim of...

§ 4-75-1107. Exclusive rights — Expiration - Subject to a transfer, an assignment, or a licensing agreement,...

§ 4-75-1108. Unauthorized commercial use - (a) Except as provided in § 4-75-1110, a person who...

§ 4-75-1109. Civil actions — Damages - (a) An aggrieved party may file a civil action in...

§ 4-75-1110. Exempt use — Commercial use - (a) (1) It is not a violation of this subchapter...

§ 4-75-1111. Exclusive remedies - (a) Remedies granted by this subchapter shall constitute the exclusive...

§ 4-75-1112. Construction - (a) This subchapter: (1) Shall be liberally construed to accomplish...

§ 4-75-1113. Applicability - (a) The property rights granted by this subchapter vest with...

Subchapter 12 - Asphalt Roof Shingles Express Warranty Act

§ 4-75-1201. Title - This subchapter shall be known and may be cited as...

§ 4-75-1202. Purpose - The purpose of this subchapter is to ensure that the...

§ 4-75-1203. Definitions - As used in this subchapter: (1) “Asphalt roof shingles” means...

§ 4-75-1204. Enforceability - A manufacturer's express warranty against defective asphalt roof shingles is...

Chapter 76 - Copyright Royalty Collection

§ 4-76-101. Short title - This chapter may be cited as the “Copyright Royalty Collection...

§ 4-76-102. Definitions - In this chapter: (1) “Copyright owner” means the owner of...

§ 4-76-103. Licensing negotiations - No performing rights society shall offer to enter into or...

§ 4-76-104. Form of contract - Every contract between a performing rights society and a proprietor...

§ 4-76-105. Improper licensing practices - No performing rights society or any agent or employee thereof...

§ 4-76-106. Code of conduct - No performing rights society or any agent, employee, or representative...

§ 4-76-107. Civil remedies — Injunction - Any person who suffers a violation of this chapter may...

§ 4-76-108. Application - (a) This chapter shall not apply to contracts between performing...

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Arkansas Code Title 4 - Business and Commercial Law Subtitle 6 - Business Practices

Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 6 - Business Practices