Arizona Title 44 - Trade and Commerce
Chapter 1 - CONTRACTS
Article 1 - Statute of Frauds
Article 2 - Consideration
Article 3 - Capacity to Contract
- §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 of minor for blood donation
Article 3.1 - Model Minor Student Capacity to Borrow Act
Article 4 - Liability of Parties
- §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
Article 5 - European Currency
Chapter 2.1 - MOTOR VEHICLE TIME SALES DISCLOSURE ACT
Article 1 - In General
- §44-281 Definitions
- §44-282 Licensing of sales finance companies and dealers 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
Chapter 3 - REVISED ARIZONA UNCLAIMED PROPERTY ACT
Article 1 - General Provisions
- §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; definition
- §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
- §44-332 Arizona unclaimed property assistance office; unclaimed property problem resolution officer; duties; program termination
- §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; request; revocation or modification; definition
- §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
Chapter 3.1 - UNCLAIMED PROPERTY IN MUSEUMS
Article 1 - In General
- §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
Chapter 4 - UNIFORM TRADE SECRETS ACT
Article 1 - General Provisions
- §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
Chapter 8 - TRANSACTIONS AND TRANSFERS AFFECTING THE INTEREST OF CREDITORS
Article 1 - Uniform Fraudulent Transfer Act
- §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
Article 3 - Assignments for the Benefit of Creditors
- §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
Article 4 - Sale or Assignment of Chattels Unaccompanied by Change of Possession
Chapter 9 - TRADE PRACTICES GENERALLY
Article 1 - Miscellaneous Provisions Relating to Loans
- §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
Article 2 - Miscellaneous Fraudulent Practices
- §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
Article 2.1 - Fraudulent Practices in the Sale of Indian Arts and Crafts
- §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
Article 2.2 - Registration of Fictitious Names
Article 3 - Fraudulent Practices in Sale of Petroleum Products
- §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
Article 4 - Beverage Containers
- §44-1251 Definitions
- §44-1252 Sale of beverages in containers with severable opening prohibited; exception; violation; classification
Article 5 - Motor Vehicle Warranties
- §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
Article 6 - Telephone Solicitations
- §44-1271 Definitions
- §44-1272 Telephone seller; registration
- §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 sale; notice of right to cancel
- §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 Intrastate telemarketing; prohibitions; enforcement; civil penalty; definition
Article 7 - Aftermarket Crash Parts
- §44-1291 Definitions
- §44-1292 Identification of aftermarket crash part
- §44-1293 Disclosure on use of aftermarket crash part
- §44-1294 Enforcement
Article 8 - Waste Tire Disposal
- §44-1301 Definitions
- §44-1302 Sale of new tires; fees; acceptance of waste tires; notice; definition
- §44-1303 Waste tire collection sites
- §44-1304 Disposal of waste tires
- §44-1304.01 Storage, disposal, discard or abandonment of used motor vehicle tires; 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
Article 9 - Sale and Disposal of Batteries
- §44-1321 Definition of lead acid battery
- §44-1322 Disposal of lead acid batteries
- §44-1323 Sale of lead acid batteries; fee; notice
- §44-1324 Civil penalties; environmental nuisance
Article 10 - Medical Sharps
Article 11 - Assistive Device Warranties
- §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
Article 12 - Check Cashers
- §44-1361 Definitions
- §44-1362 Check cashing; receipts; notices; government payment instruments; enforcement
Article 13 - Consumer Service Fees
Article 14 - Credit Card Transaction Receipts
Article 15 - Motor Vehicle Transactions
Article 16 - Commercial Electronic Mail
- §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
Article 17 - Confidentiality of Personal Identifying Information
- §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
Article 18 - Confidentiality of Petroleum Industry Information
Article 19 - Appliances and Equipment Energy Efficiency Standards
- §44-1375 Definitions
- §44-1375.01 Applicability
- §44-1375.02 Standards
- §44-1375.03 Certification and compliance; violation; civil penalty
Article 20 - Telephone Records
- §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
Article 21 - Restocking Fees
Chapter 10 - COMPETITION AND COMPETITIVE PRACTICES
Article 1 - Uniform State Antitrust Act
- §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
Article 3 - Registration and Protection of Trademarks and Service Marks
- §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
Article 3.1 - Trade Names
- §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
Article 5 - Advertising
- §44-1481 Fraudulent advertising practices defined; violation; classification
- §44-1482 Unsolicited commercial fax advertisements; definition
Article 6 - Rate Signs of Hotels and Motor Courts
- §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
Article 7 - Consumer Fraud
- §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 Revolving fund; use of fund
- §44-1532 Violation of order or injunction; penalty
- §44-1533 Cumulative remedies
- §44-1534 Costs recoverable
Article 8 - Petroleum Products Franchises
- §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 Department of commerce; fuel price data; availability
- §44-1562 Full service gasoline stations; assistance to handicapped drivers
Article 9 - Beer Franchises
- §44-1565 Definitions
- §44-1566 Franchise termination
- §44-1567 Action for damages; other remedies; defense
Article 10 - Unlawful Practices in Telecommunications and Ancillary Services
- §44-1571 Definitions
- §44-1572 Long-distance telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
- §44-1573 Local telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
- §44-1574 Ancillary service providers; prohibition; refund; penalties; program termination
Chapter 11 - REGULATIONS CONCERNING PARTICULAR BUSINESSES
Article 1 - Dealers of Precious Items
- §44-1601 Definitions
- §44-1602 Requirements of dealers of precious items; violation; classification
- §44-1603 Applicability
- §44-1604 Local ordinances
Article 2 - Linen Supplies Service
- §44-1611 Adoption of mark indicating ownership by linen supplier; recording
- §44-1612 Unlawful use of registered mark prohibited
- §44-1613 Purchase of marked articles
- §44-1614 Duty of person acquiring possession of article marked with registered mark to restore it to owner
- §44-1615 Acceptance of money deposit by supplier distinguished from sale
- §44-1616 Possession of marked articles without written consent as evidence of unlawful use
- §44-1617 Violation; classification
Article 3 - Pawnbrokers
- §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
- §44-1627 Licensing; requirements
- §44-1628 Revocation and suspension
- §44-1629 Fees; penalty
- §44-1630 False representation
- §44-1631 Violations; classifications
- §44-1632 Pawnshop hours; city or town ordinance
Article 3.1 - Scrap Metal Dealers
- §44-1641 Definitions
- §44-1642 Records of purchase
- §44-1643 Violation; classification
- §44-1644 Report to law enforcement agencies; exemption; violation; classification
- §44-1645 Applicability; state preemption
- §44-1646 Burned metallic wire; transaction restrictions
Article 4 - Future Contracts and Bucket Shops
- §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
Article 5 - Jewelry Auctions
- §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
Article 6 - Consumer Reporting Agencies and Fair Credit Reporting
- §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
Article 7 - Credit Services
- §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
Article 8 - Delivery Containers
- §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
Article 9 - Pyramid Promotional Schemes
- §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
Article 10 - Dance Studio Contracts
- §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
- §44-1749 Bond; amount; filing
- §44-1750 Exemptions
Article 11 - Solar Energy Devices
Article 12 - Consignments of Works of Fine Art
- §44-1771 Definitions
- §44-1772 Art dealer and artist; relationship
- §44-1773 Purchase or resale of consigned fine art by fine 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
Article 13 - Health Spa Contracts
- §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
Article 14 - Discount Buying Services
- §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
Article 15 - Sales Representative Contracts
- §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
Article 16 - Loan Servicing
Article 17 - Pet Dealers
- §44-1799 Definitions
- §44-1799.01 Initial veterinary examination
- §44-1799.02 Information statement; purchaser rights; notice
- §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
- §44-1799.09 Applicability to other laws; waiver of rights
Article 18 - Casket Sales
Article 19 - Shopping Carts
- §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
Article 20 - Heavy Equipment Rental Agreements
Article 21 - Solicitations Using Loan Information
Chapter 12 - SALES OF SECURITIES
Article 1 - Definitions
Article 2 - Administrative Personnel
- §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
Article 3 - General Administrative Powers
- §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
Article 4 - Sale of Securities
- §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
Article 5 - Fees, Form of Consent to Service of Process and Securities Filings
- §44-1861 Fees; deposit; abandonment
- §44-1862 Consent to service of process; service on commission
- §44-1863 Receipt of electronic securities filings
Article 6 - Registration of Securities by Description
- §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
Article 7 - Registration of Securities by Qualification
- §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
Article 8 - Denial, Revocation or Suspension of Securities by 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
Article 9 - Registration of Dealers and Salesmen
- §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
Article 10 - Denial, Revocation or Suspension of Registration as Dealer or Salesman
- §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
Article 11 - Hearings
- §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
Article 12 - Appeals
Article 13 - Fraudulent Practices
- §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
Article 14 - Civil Remedies and Liabilities
- §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
Article 15 - Conservators and Receivers
- §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
Article 16 - Enforcement
- §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
Article 17 - Capital Markets
- §44-2051 Advancement of economic development and capital formation
- §44-2052 Exchange operation; commission rules
- §44-2053 Limitation on liability
- §44-2054 Loans from the commerce and economic development commission fund; repayment; allocation
- §44-2055 Securities public reference rooms
- §44-2056 Free trade
Article 18 - Private Securities Litigation
- §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
Article 19 - Audits
- §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
Chapter 13 - INVESTMENT MANAGEMENT
Article 1 - Definitions
Article 2 - Administrative Personnel
- §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
Article 3 - General Administrative Powers
- §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
Article 4 - Licensure of Investment Advisers and Investment Adviser Representatives
- §44-3151 Licensure required; exclusion; violation; classification
- §44-3152 Exemption of certain investment advisers and investment adviser representatives
- §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
Article 5 - Fees
Article 6 - Denial, Revocation or Suspension of License
- §44-3201 Grounds for denial, revocation or suspension of license; administrative remedies
- §44-3202 Entry of order of denial, suspension or revocation
Article 7 - Hearings
- §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
Article 8 - Appeals
Article 9 - Fraudulent Practices
Article 10 - Conservators and Receivers
Article 11 - Enforcement
- §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
Article 12 - Notice of Filings of Certain Investment Companies
- §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
Chapter 15 - HOME SOLICITATIONS AND REFERRAL SALES
Article 1 - In General
- §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
Chapter 16 - RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES
Article 1 - In General
Chapter 17 - RETAIL INSTALLMENT SALES TRANSACTIONS
Article 1 - In General
- §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
Chapter 18 - FOREIGN TRADE ZONES
Article 1 - In General
Chapter 19 - SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
Article 1 - General Provisions
- §44-6551 Definitions
- §44-6552 Charitable organizations; registration; violation; classification
- §44-6553 Exemptions
- §44-6554 Contracted fund raisers; registration, reregistration, contract and disclosure requirements
- §44-6555 Solicitation disclosure requirements; written confirmation
- §44-6556 Public records
- §44-6557 Fiscal records; inspection; retention
- §44-6558 Exchange of information with other states
- §44-6559 Rules
- §44-6560 Substitute service on secretary of state
- §44-6561 Unlawful acts or practices; violation; classification; civil penalty
Chapter 20 - EQUIPMENT DEALERS
Article 1 - General Provisions
- §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
Chapter 21 - INVESTMENT PENSION FUNDS
Article 1 - General Provisions
Chapter 22 - RENTAL-PURCHASE AGREEMENTS
Article 1 - General Provisions
- §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
Chapter 23 - DISHONORED CHECK FEES
Article 1 - General Provisions
Chapter 24 - MUSIC LICENSING PRACTICES
Article 1 - General Provisions
- §44-6901 Definitions
- §44-6902 Applicability
- §44-6903 Performing rights society; lists; access; electronic address; toll free telephone number
- §44-6904 Notification of rights
- §44-6905 Contract requirements
- §44-6906 Prohibited acts
- §44-6907 Damages; injunctive relief; attorney fees
Chapter 25 - SENIOR RESIDENTIAL ENTRANCE FEE CONTRACTS
Article 1 - General Provisions
- §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
Chapter 26 - ELECTRONIC TRANSACTIONS
Article 1 - General Provisions
- §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
- §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
- §44-7013 Admissibility in evidence
- §44-7014 Automated transaction contracts
- §44-7015 Time and place of sending and receipt
- §44-7016 Transferable records; definition
Article 2 - Secure Electronic Records and Signatures
- §44-7031 Secure electronic signatures
- §44-7032 Secure electronic records
- §44-7033 Presumptions
- §44-7034 Electronic notarization; acknowledgment
Article 3 - Governmental Electronic Records
- §44-7041 Creation; retention; conversion of written records
- §44-7042 Sending and accepting electronic records
- §44-7043 Interoperability
Article 4 - Miscellaneous Provisions
Chapter 27 - TOBACCO PRODUCT MANUFACTURERS ESCROW ACCOUNTS
Article 1 - Model Statute
Article 2 - Model Nonparticipating Manufacturers Legislation
Chapter 28 - DATING REFERRAL SERVICES
Article 1 - General Provisions
- §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
Chapter 29 - INTERNET REPRESENTATIONS
Article 1 - General Provisions
- §44-7201 Definitions
- §44-7202 Prohibition
- §44-7203 Civil remedies; damages
- §44-7204 Violation; classification
Chapter 30 - COMPUTER SPYWARE
Article 1 - General Provisions
- §44-7301 Definitions
- §44-7302 Prohibited activities; applicability
- §44-7303 Statewide concern; preemption
- §44-7304 Civil remedies; damages
Chapter 31 - GIFT CARDS
Article 1 - General Provisions
- §44-7401 Definitions
- §44-7402 Gift card fees; expiration date; disclosure; exceptions; civil penalty