There is a newer version of the Arizona Revised Statutes
2010 Arizona Revised Statutes
Title 44 - Trade and Commerce
Chapter 1 | CONTRACTS |
Article 1 | Statute of Frauds |
44-101 | Statute of frauds |
Article 2 | Consideration |
44-121 | Contracts in writing; 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 for blood donation |
Article 3.1 | Model Minor Student Capacity to Borrow Act |
44-140 | Definitions |
44-140.01 | Educational loan; enforceable; prerequisites |
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 |
44-161 | Interpretation of contracts, securities and other similar measures; currency; definitions |
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 |
44-295 | 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 |
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 |
44-1061 | Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers |
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 |
44-1236 | Certificate of name required; exceptions |
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; 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 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 |
44-1341 | Medical sharps; label |
44-1342 | Tattoo needles and waste; disposal; civil penalty |
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 |
44-1365 | Definitions |
44-1366 | Consumer services; delinquency fees; collection fees |
Article 14 | Credit Card Transaction Receipts |
44-1367 | Credit card transaction receipts; applicability; enforcement; definition |
Article 15 | Motor Vehicle Transactions |
44-1371 | Motor vehicle transactions; conditional financing; traded motor vehicle; definition |
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 |
44-1374 | Confidentiality of petroleum industry information; disclosure; supply emergency; definitions |
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, Utility and Communication Service 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 |
44-1377 | Disclosure of restocking fee; enforcement; definition |
Article 22 | Foreclosure Consultants |
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 |
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 | Consumer protection-consumer fraud 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 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; transaction limitations; age requirement for scrap metal seller; exception |
44-1642.01 | Prohibited scrap metal transactions; exceptions |
44-1643 | Violation; classification |
44-1644 | Report to the department of public safety; 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 |
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 |
44-1698 | Security freeze on credit reports and credit scores; fees; definitions |
44-1698.01 | Consumer credit reports; extension of credit; identity theft; definition |
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 |
44-1761 | Definitions |
44-1762 | Solar energy device warranties; installation standards; inspections |
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 |
44-1798.21 | Loan servicing; service of process; definitions |
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 |
44-1799.21 | Casket sales; price disclosure; definition |
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 |
44-1799.41 | Heavy equipment rental agreements; requirements; definition |
Article 21 | Solicitations Using Loan Information |
44-1799.51 | Loan information; solicitations; restrictions; injunction; definition |
Article 22 | Amusement Ride Safety |
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 |
Article 23 | Public Sale of Animals |
44-1799.71 | Unlawful public sale of animals; civil penalty; definitions |
Chapter 12 | SALES OF SECURITIES |
Article 1 | Definitions |
44-1801 | 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 |
44-1950 | Active military duty; compensation |
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 |
44-1981 | Judicial review |
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 |
44-3101 | Definitions |
44-3102 | Interpretations by commission |
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 |
44-3181 | Fees; penalties; abandonment |
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 |
44-3231 | Judicial review |
Article 9 | Fraudulent Practices |
44-3241 | Fraud in provision of investment advisory services; liability; violation; classification |
Article 10 | Conservators and Receivers |
44-3271 | Petition for appointment of conservators and receivers |
44-3272 | 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 |
44-5501 | Restrictions |
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 |
44-6501 | Authorization to apply for foreign trade zone |
Chapter 19 | SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES |
Article 1 | General Provisions |
44-6551 | Definitions |
44-6552 | Charitable organizations; registration; late registration penalty |
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 |
44-6751 | Investment of pension funds |
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 |
44-6851 | Definitions |
44-6852 | Dishonored checks; service fee |
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 |
44-7051 | Consumer protection |
Chapter 27 | TOBACCO PRODUCT MANUFACTURERS ESCROW ACCOUNTS |
Article 1 | Model Statute |
44-7101 | Tobacco product manufacturers escrow accounts; model statute |
Article 2 | Model Nonparticipating Manufacturers Legislation |
44-7111 | Tobacco; nonparticipating manufacturers; civil penalty; violation; classification |
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 |
Chapter 32 | NOTIFICATION FOR COMPROMISED PERSONAL INFORMATION |
Article 1 | General Provisions |
44-7501 | Notification of breach of security system; enforcement; civil penalty; preemption; exceptions; definitions |
Chapter 33 | RECORD DISCARD AND DISPOSAL |
Article 1 | Discard and Disposal of Personal Identifying Information Records |
44-7601 | Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition |
Chapter 34 | RETAILER USE OF IDENTIFICATION INFORMATION |
Article 1 | General Provisions |
44-7701 | Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties |
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