Arkansas Code Title 4, Chapter 70 (Assumed Names / Fictitious Names) - Lexis guided capture 2026-08-02 Sections: 13 ====================================================================== Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 2 — Business Under Assumed Name 4-70-201. Applicability of subchapter. (a) This subchapter shall not apply to any limited partnership which has filed its certificate of limited partnership with the Secretary of State pursuant to § 4-47-201 or any successor law. (b) This subchapter shall not apply to any domestic or foreign corporation or to any domestic or foreign limited partnership or limited liability company lawfully doing business in this state. (c) This subchapter shall not apply to any limited liability company which has filed its certificate of organization with the Secretary of State pursuant to § 4-38-201. History Acts 1943, No. 11, § 4; 1977, No. 874, § 3; A.S.A. 1947, §§ 70-404, 70-406; Acts 1997, No. 479, § 7; 1997, No. 549, § 1; 1997, No. 912, § 12; 1999, No. 1528, § 7; 2007, No. 15, § 7; 2021, No. 1041, § 29; 2023, No. 108, § 6. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 2 — Business Under Assumed Name 4-70-202. Penalties. (a) Any person owning, carrying on, or transacting business as designated in this subchapter who fails to comply with any provision of this subchapter shall be guilty of a violation and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). (b) Each day of the violation shall be a separate offense. History Acts 1943, No. 11, § 5; A.S.A. 1947, § 70-405; Acts 2005, No. 1994, § 38. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 2 — Business Under Assumed Name 4-70-203. Doing business under assumed name — Certificate. (a) No person shall conduct or transact business in this state under an assumed name or under any designated name or style, corporate or otherwise, other than the real name of the individual conducting or transacting such business, unless the person files a certificate in the office of the county clerk of the counties in which the person conducts or transacts or intends to conduct the business. The certificate shall set forth the name under which the business is, or is to be, conducted or transacted and the full name or names of each person conducting or transacting the business, with the post office address of each. (b) The certificate shall be executed and duly acknowledged by the persons so conducting or intending to conduct the business in the manner provided for in acknowledgment of conveyances of real estate. History Acts 1943, No. 11, § 1; A.S.A. 1947, § 70-401. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 2 — Business Under Assumed Name 4-70-204. Certificate of withdrawal from or disposition of interest in business. Wherever there is a change in ownership of any business operated under an assumed name, each person disposing of his or her interest in the business or withdrawing therefrom shall file a certificate with the county clerk of each county in which the business is being conducted. This certificate shall set forth the fact of the withdrawal from or disposition of interest in the business and shall be executed and duly acknowledged as directed in § 4-70-203. History Acts 1943, No. 11, § 2; A.S.A. 1947, § 70-402. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 2 — Business Under Assumed Name 4-70-205. Certified copy of certificate as presumptive evidence. A copy of the certificate duly certified by the county clerk in whose office the certificate was filed shall be presumptive evidence in all courts in this state of the facts therein contained. History Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 2 — Business Under Assumed Name 4-70-206. Clerk's index and filing fees. (a) Each county clerk shall keep an alphabetical index of persons filing certificates provided for in this subchapter. (b) For indexing and filing the certificate, the clerk shall receive a fee of one dollar ($1.00). History Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 3 — Sales Representatives 4-70-301. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Commission” means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for, or sales of, the principal's product; (2) “Principal” means a person who: (A) Does not have a permanent or fixed place of business in this state; (B) Manufactures, produces, imports, or distributes a product for sale to customers who purchase the product for resale; (C) Uses a sales representative to solicit orders for the product; and (D) Compensates the sales representative in whole or in part by commission; and (3) “Sales representative” means a person who solicits on behalf of a principal orders for the purchase at wholesale of the principal's product. The term “sales representative” does not include a person who places orders for or purchases the product for his or her own account for resale, or is engaged in door-to-door sales regulated by § 4-89-101 et seq. History Acts 1989, No. 464, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 3 — Sales Representatives 4-70-302. Sales representatives' contracts — Limitation. (a) A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must be in writing and set forth the method by which the sales representative's commission is to be computed and paid. (b) The principal shall provide the sales representative with a copy of the contract. (c) A provision in the contract establishing venue for an action arising under the contract in a state other than this state is void. History Acts 1989, No. 464, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 3 — Sales Representatives 4-70-303. Payment in absence of contract. If a compensation agreement between a sales representative and a principal that is not in writing is terminated, the principal shall pay all commissions due the sales representative within thirty (30) working days after the date of the termination. History Acts 1989, No. 464, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 3 — Sales Representatives 4-70-304. Jurisdiction. A principal who is not a resident of this state and who enters into a contract subject to this subchapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal. History Acts 1989, No. 464, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 3 — Sales Representatives 4-70-305. Waivers prohibited. A provision of this subchapter may not be waived, whether by express waiver or by attempt to make a contract or agreement subject to the laws of another state. A waiver of a provision of this subchapter is void. History Acts 1989, No. 464, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 70 General ProvisionsSubchapter 3 — Sales Representatives 4-70-306. Damages and attorney's fees. A principal who fails to comply with a provision of a contract under § 4-70-302 relating to payment of a commission or fails to pay a commission as required by § 4-70-303 is liable to the sales representative in a civil action for three (3) times the damages sustained by the sales representative, plus reasonable attorney's fees and costs. History Acts 1989, No. 464, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the First Extraordinary Session, 2026, including revisions made by the Bureau of Legislative Research under the direction of the Arkansas Code Revision Commission. Arkansas Code Annotated PAW - ET Table of ContentsTitle 4 Business and Commercial LawSubtitle 6. Business PracticesChapter 71 Trademarks and Labels Tit. 4, Subtit. 6., Ch. 71 Note Arkansas Code of 1987 Annotated Official Edition Copyright © 2026 by the State of Arkansas All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ----------------------------------------------------------------------