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Arizona Revised Statutes

Chapter 1
CONTRACTS
Article 1Statute of Frauds
Article 2Consideration
  • 44-121
  • Contracts in writing; consideration
Article 3Capacity 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 3.1Model Minor Student Capacity to Borrow Act
  • 44-140.01
  • Educational loan; enforceable; prerequisites
Article 4Liability 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 5European Currency
  • 44-161
  • Interpretation of contracts, securities and other similar measures; currency; definitions
Chapter 2.1
MOTOR VEHICLE TIME SALES DISCLOSURE ACT
Article 1In General
  • 44-282
  • Licensing of sales finance companies required; penalty
  • 44-283
  • Denial, suspension or revocation of licenses
  • 44-286
  • Requirements and prohibitions as to retail installment contracts
  • 44-288
  • 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
Chapter 3
REVISED ARIZONA UNCLAIMED PROPERTY ACT
Article 1General Provisions
  • 44-302
  • Presumptions of abandonment
  • 44-303
  • Contents of safe deposit box or other safekeeping depository
  • 44-304
  • Rules for taking custody
  • 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
  • 44-314
  • 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
  • 44-322
  • Requests for reports; examination of records
  • 44-325
  • Interstate agreements and cooperation; joint and reciprocal actions with other states
  • 44-327
  • Agreement to locate property
  • 44-329
  • Transitional provisions
  • 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; holder information rulings; request; revocation or modification; definitions
  • 44-337
  • Abatement of interest for errors or delays caused by the department
  • 44-338
  • Appeal of determination of amounts due
  • 44-339
  • Signatures for documents; alternative methods; definition
  • 44-340
  • Auditor contingent fee contracts; notice of rights
Chapter 3.1
UNCLAIMED PROPERTY IN MUSEUMS
Article 1In General
  • 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 1General Provisions
  • 44-405
  • Preservation of secrecy; definition
Chapter 8
TRANSACTIONS AND TRANSFERS AFFECTING THE INTEREST OF CREDITORS
Article 1Uniform Fraudulent Transfer Act
  • 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
  • 44-1008
  • Defenses, liability and protection of transferee
  • 44-1009
  • Extinguishment of claim for relief
Article 3Assignments 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 4Sale 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 1Miscellaneous 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 2Miscellaneous 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
  • 44-1223
  • Fraudulent practices relating to motor vehicle odometers; classification
  • 44-1224
  • Law enforcement, firefighting or emergency medical services products; sales; certification
Article 2.1Fraudulent Practices in the Sale of Indian Arts and Crafts
  • 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
Article 2.2Registration of Fictitious Names
  • 44-1236
  • Certificate of name required; exceptions
Article 3Fraudulent Practices in Sale of Petroleum Products
  • 44-1242
  • Sale under own trademark or brand; authority of manufacturer
  • 44-1244
  • Storage; container previously used for different product
  • 44-1245
  • Violations; continuing violations; classification
Article 4Beverage Containers
  • 44-1252
  • Sale of beverages in containers with severable opening prohibited; exception; violation; classification
Article 5Motor Vehicle Warranties
  • 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 6Telephone Solicitations
  • 44-1272
  • Telephone seller; registration; business opportunities; late filing penalty
  • 44-1272.01
  • Limited registration; penalty; violation; classification
  • 44-1274
  • Bond; amount; filing; beneficiaries; cancellation
  • 44-1276
  • Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation or business opportunity sale; notice of right to cancel
  • 44-1276.01
  • Business opportunities; disclosure to consumer
  • 44-1276.02
  • Business opportunity contracts in writing; required information
  • 44-1276.03
  • Business opportunity contract cancellation
  • 44-1278
  • Unlawful practice; powers of attorney general; cumulative remedies
  • 44-1280
  • Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification
  • 44-1281
  • Duties of secretary of state
  • 44-1282
  • National do-not-call registry; prohibitions; enforcement; civil penalty; definition
Article 7Aftermarket Crash Parts
  • 44-1292
  • Identification of aftermarket crash part
  • 44-1293
  • Disclosure on use of aftermarket crash part
Article 8Waste Tire Disposal
  • 44-1302
  • Sale of new tires; fees; acceptance of waste tires; notice; definition
  • 44-1303
  • Waste tire collection sites; registration
  • 44-1304.01
  • Storage, disposal, discard or abandonment of used motor vehicle tires; registration fees; violation; classification; exception
  • 44-1305
  • Waste tire fund and program
  • 44-1306
  • Department of environmental quality; rules; annual county report to the department
  • 44-1307
  • Civil penalties; environmental nuisance
Article 9Sale and Disposal of Batteries
  • 44-1322
  • Disposal of lead acid batteries
  • 44-1323
  • Sale of lead acid batteries; refundable deposit; notice
  • 44-1324
  • Civil penalties; environmental nuisance
  • 44-1325
  • Used automotive components dealers; records of purchase; age requirement for lead acid battery seller
  • 44-1327
  • Report to the department of public safety; exemption; violation; classification
Article 10Medical Sharps
  • 44-1342
  • Tattoo needles and waste; disposal; civil penalty
Article 11Assistive Device Warranties
  • 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 12Check Cashers
  • 44-1362
  • Check cashing; receipts; notices; government payment instruments; enforcement
Article 13Consumer Service Fees
  • 44-1366
  • Consumer services; delinquency fees; collection fees
Article 14Credit Card Transaction Receipts
  • 44-1367
  • Credit card transaction receipts; applicability; enforcement; definition
Article 15Motor Vehicle Transactions
  • 44-1371
  • Motor vehicle transactions; conditional financing; traded motor vehicle; definition
Article 16Commercial Electronic Mail
  • 44-1372.01
  • Regulations; powers of attorney general; cumulative remedies; applicability
Article 17Confidentiality of Personal Identifying Information
  • 44-1373
  • Restricted use of personal identifying information; civil penalty; definition
  • 44-1373.02
  • Restricted use of sequential numbers; definition
Article 18Confidentiality of Petroleum Industry Information
  • 44-1374
  • Confidentiality of petroleum industry information; disclosure; supply emergency; definitions
Article 19Appliances and Equipment Energy Efficiency Standards
  • 44-1375.03
  • Certification and compliance; violation; civil penalty
Article 20Telephone, Utility and Communication Service Records
  • 44-1376.01
  • Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure
Article 21Restocking Fees
  • 44-1377
  • Disclosure of restocking fee; enforcement; definition
Article 22Foreclosure Consultants
  • 44-1378.06
  • Fraud or deceit against homeowner; classification
Article 23Transportation Service Contracts
  • 44-1379
  • Indemnity agreements in motor carrier transportation contracts void; definitions
Article 24Retail Food Establishments
  • 44-1380
  • Consumer incentive item regulation; state preemption; definition
Article 25Operator Service Providers
  • 44-1381
  • Operator service providers; collect call rates; disclosure
Article 26Transfer of Personal Property
  • 44-1382
  • Transfer of personal property; city, town or county
Chapter 10
COMPETITION AND COMPETITIVE PRACTICES
Article 1Uniform State Antitrust Act
  • 44-1402
  • Contract, combination or conspiracy to restrain or monopolize trade
  • 44-1403
  • Establishment, maintenance or use of monopoly
  • 44-1406
  • Investigation; service of demand sanctions; confidentiality
  • 44-1407
  • Civil penalty and injunctive enforcement
  • 44-1409
  • Judgment as prima facie evidence
  • 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 2Patent Troll Prevention Act
  • 44-1422
  • Bad faith patent infringement claims; prohibited
  • 44-1424
  • Federal patent infringement allegation exception
Article 3Registration and Protection of Trademarks and Service Marks
  • 44-1443
  • Application for registration
  • 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
  • 44-1448
  • Cancellation of registrations
  • 44-1448.01
  • Injury to business reputation; dilution
  • 44-1449
  • Classification of goods or services
  • 44-1450
  • Fraudulent registration; damages
  • 44-1453
  • 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 3.1Trade Names
  • 44-1460
  • Registration of trade name, title or designation
  • 44-1460.02
  • Effective term of registration; renewal; expiration notice
  • 44-1460.07
  • Trade name registration cancellation; release for use
Article 5Advertising
  • 44-1481
  • Fraudulent advertising practices defined; violation; classification
  • 44-1482
  • Unsolicited commercial fax advertisements; definition
Article 6Rate Signs of Hotels and Motor Courts
  • 44-1503
  • Posting of minimum and maximum rates
  • 44-1504
  • Accommodations advertised required to be available
  • 44-1505
  • False statements prohibited
Article 7Consumer Fraud
  • 44-1522
  • Unlawful practices; intended interpretation of provisions
  • 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
  • 44-1530
  • Assurance of discontinuance of unlawful practice
  • 44-1531
  • Violations; civil penalties
  • 44-1531.01
  • Consumer protection-consumer fraud revolving fund; use of fund
  • 44-1531.02
  • Consumer restitution and remediation revolving fund; subaccounts
  • 44-1532
  • Violation of order or injunction; penalty
Article 8Petroleum Products Franchises
  • 44-1552
  • Disclosures to be made by distributor before conclusion of agreement
  • 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
  • 44-1561
  • Arizona commerce authority; fuel price data; availability
  • 44-1562
  • Full-service gasoline stations; assistance to drivers with disabilities
Article 9Beer Franchises
  • 44-1567
  • Action for damages; other remedies; defense
Article 10Unlawful Practices in Telecommunications and Ancillary Services
  • 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 1Dealers of Precious Items
  • 44-1602
  • Requirements of dealers of precious items; violation; classification
Article 2Household Goods Movers
  • 44-1614
  • Delivery and unloading of household goods; exemption
  • 44-1615
  • Waiver prohibited; failure to comply with article
  • 44-1616
  • Lawful collection of monies
Article 3Pawnbrokers
  • 44-1624
  • Pawn transactions; reportable transactions
  • 44-1626
  • Interest; fees; payment; military members
  • 44-1632
  • Pawnshop hours; city or town ordinance
Article 3.1Scrap Metal Dealers
  • 44-1641.02
  • Law enforcement; theft notification website
  • 44-1641.03
  • Registration; application; information disclosed on website
  • 44-1641.05
  • Items required to be maintained at place of business; city or county ability to recover costs; violation; civil penalty
  • 44-1642
  • Records of purchase; transaction limitations; age requirement for scrap metal seller; exception
  • 44-1642.01
  • Prohibited scrap metal transactions; exceptions; violation; classification
  • 44-1644
  • Report; exemption; violation; classification
  • 44-1645
  • Applicability; state preemption
  • 44-1646
  • Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability
  • 44-1647
  • Department of public safety; transaction form
  • 44-1648
  • Preemption; power of local authorities; city, town or county licensing system
  • 44-1649
  • Joint legislative committee on metal theft
Article 4Future Contracts and Bucket Shops
  • 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 5Jewelry Auctions
  • 44-1672
  • License required; exemptions
  • 44-1673
  • Application for license; contents
  • 44-1678
  • Numbering of inventoried articles; subsequent inventory; intent to defraud
  • 44-1679
  • Articles stocked within sixty days prior to application
  • 44-1681
  • Return of purchases; display of notice
  • 44-1682
  • Suspension, restoration of licenses; appeal
  • 44-1684
  • Sale of articles described falsely
  • 44-1685
  • Application of article; exemptions
Article 6Consumer Reporting Agencies and Fair Credit Reporting
  • 44-1692
  • Permissible use of consumer reports
  • 44-1693
  • Access to reports by a consumer
  • 44-1694
  • Correction of credit reports
  • 44-1696
  • Unlawful acts; classification
  • 44-1698
  • Security freeze on credit reports and credit scores; fees; definitions
  • 44-1698.01
  • Consumer credit reports; extension of credit; identity theft; definition
  • 44-1698.02
  • Security freezes; credit reports; protected person; fee; definitions
Article 7Credit Services
  • 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 8Delivery Containers
  • 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 9Pyramid Promotional Schemes
  • 44-1733
  • Sale or contract for sale of interest in pyramid promotional scheme voidable
  • 44-1735
  • Pyramid promotional scheme; prohibition; defenses excluded
Article 10Dance Studio Contracts
  • 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
  • 44-1747
  • Voidable contracts; waiver voidable; damages for violation of article
  • 44-1748
  • Violation of provisions of article; injunction
Article 11Solar Energy Devices
  • 44-1762
  • Solar energy device warranties; installation standards; inspections
  • 44-1763
  • Distributed energy generation system agreements; disclosures; exception
  • 44-1764
  • Distributed energy generation systems; interconnection
Article 12Consignments of Works of Fine Art
  • 44-1772
  • Art dealer and artist; relationship
  • 44-1773
  • Purchase or resale of consigned fine art by art dealer
  • 44-1774
  • Trust property exempt from claims of art dealer's creditors
  • 44-1775
  • Art dealer required to obtain written contract
Article 13Health Spa Contracts
  • 44-1793
  • Contract form; conspicuous statement of costs; duration and cancellation
  • 44-1794
  • Execution of notes; assignment; customer's defenses retained
  • 44-1796
  • Voidable contracts; waiver voidable; damages
Article 14Discount Buying Services
  • 44-1797.01
  • Bond; amount; copy; conflict of interest
  • 44-1797.02
  • Bond; beneficiaries; actions; liability; cancellation
  • 44-1797.04
  • Disclosures by buying organization; nature of services; listing of items; warranties or guarantees; charges; criminal or civil actions
  • 44-1797.06
  • Payment or financing period; limitation
  • 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
Article 15Sales Representative Contracts
  • 44-1798.02
  • Termination of sales representative contract; payment of earned commissions
  • 44-1798.04
  • Jurisdiction; no waiver; election of remedies
Article 16Loan Servicing
  • 44-1798.21
  • Loan servicing; service of process; definitions
Article 17Pet Dealers
  • 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
  • 44-1799.09
  • Applicability to other laws; waiver of rights
  • 44-1799.10
  • Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping
  • 44-1799.11
  • Pet dealer regulation; state preemption
Article 18Casket Sales
  • 44-1799.21
  • Casket sales; price disclosure; definition
Article 19Shopping Carts
  • 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
  • 44-1799.35
  • Applicability of article; local ordinances
  • 44-1799.36
  • Violation; classification; applicability
Article 20Heavy Equipment Rental Agreements
  • 44-1799.41
  • Heavy equipment rental agreements; requirements; definition
Article 21Solicitations Using Loan Information
  • 44-1799.51
  • Loan information; solicitations; restrictions; injunction; definition
Article 22Amusement Ride Safety
  • 44-1799.62
  • Municipality and county powers; public inspection exception; violation; classification
  • 44-1799.63
  • Amusement ride owners and operators; requirements; denial of entry
Article 23Public Sale of Animals
  • 44-1799.71
  • Unlawful public sale of animals; civil penalty; definitions
Article 24Bulk Merchandise Containers
  • 44-1799.81
  • Recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers; record keeping; civil penalty; violation; classification; definition
Article 25Direct Primary Care Provider Plans
  • 44-1799.92
  • Direct primary care provider plans; requirements; notice; prohibition
Chapter 12
SALES OF SECURITIES
Article 1Definitions
Article 2Administrative Personnel
  • 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 3General Administrative Powers
  • 44-1821
  • General rule-making power of commission; delegation of authority; limitation
  • 44-1823
  • Power to require testimony and production of records; order of nondisclosure
  • 44-1824
  • Dealer examination assessment; foreign examination cost; payment
Article 4Sale 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
  • 44-1845
  • 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 5Fees, Form of Consent to Service of Process and Securities Filings
  • 44-1862
  • Consent to service of process; service on commission
  • 44-1863
  • Receipt of electronic securities filings
Article 6Registration 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 7Registration 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 8Denial, 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 9Registration 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 10Denial, 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 11Hearings
  • 44-1971
  • Initiation of hearing; purpose of hearing
  • 44-1972
  • Notice of and opportunity for hearing; time of hearing
Article 12Appeals
Article 13Fraudulent 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
  • 44-1996
  • Prohibition of referral fees
  • 44-1997
  • False registration statement; liability
  • 44-1998
  • Offers and sales; liability
  • 44-1999
  • Controlling persons; liability
Article 14Civil 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
Article 15Conservators and Receivers
  • 44-2011
  • Petition for appointment of conservator or receiver
  • 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 16Enforcement
  • 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
  • 44-2039
  • Securities regulatory and enforcement fund; purpose
  • 44-2041
  • Continuance of prior law for certain purposes
Article 17Capital Markets
  • 44-2051
  • Advancement of economic development and capital formation
  • 44-2052
  • Exchange operation; commission rules
  • 44-2055
  • Securities public reference rooms
Article 18Private 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 19Audits
  • 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 1Definitions
  • 44-3102
  • Interpretations by commission
Article 2Administrative Personnel
  • 44-3112
  • Assistant director of securities
  • 44-3114
  • Travel and other necessary expenses of employees
  • 44-3115
  • Cooperation with other agencies
Article 3General Administrative Powers
  • 44-3131
  • General rule making power of commission; delegation of authority; limitation
  • 44-3133
  • Power to require testimony and production of records; order of nondisclosure
Article 4Licensure 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; private fund adviser exemption; definitions
  • 44-3153
  • Application for licensure as investment adviser; notice filings by federal covered advisers
  • 44-3154
  • Licensure application; additional information
  • 44-3155
  • Investment adviser license; notification
  • 44-3156
  • Application for licensure as investment adviser representative
  • 44-3157
  • Investment adviser representative license; notification
  • 44-3158
  • Expiration, renewal or transfer of licensure; automatic suspension
Article 5Fees
  • 44-3181
  • Fees; penalties; abandonment
Article 6Denial, 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 7Hearings
  • 44-3211
  • Initiation of hearing; purpose of hearing
  • 44-3212
  • Notice of an opportunity for a hearing; time of hearing
Article 8Appeals
Article 9Fraudulent Practices
  • 44-3241
  • Fraud in provision of investment advisory services; liability; violation; classification
Article 10Conservators and Receivers
  • 44-3271
  • Petition for appointment of conservators and receivers
Article 11Enforcement
  • 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
  • 44-3298
  • Investment management regulatory and enforcement fund; purpose
  • 44-3299
  • State liability; limitation
Article 12Notice 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
  • 44-3325
  • Notice filings by closed-end companies
Chapter 15
HOME SOLICITATIONS AND REFERRAL SALES
Article 1In General
  • 44-5002
  • Cancellation period; method of cancellation; intent; waiver void
  • 44-5003
  • Referral sales, rebate or discount violations
  • 44-5006
  • Time limitation; disposition of goods
  • 44-5007
  • Buyer responsibility; services
Chapter 16
RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES
Article 1In General
Chapter 17
RETAIL INSTALLMENT SALES TRANSACTIONS
Article 1In General
  • 44-6002
  • Retail installment contracts; retail charge account agreements; definitions
  • 44-6005
  • Periodic statements required
Chapter 18
FOREIGN TRADE ZONES
Article 1In General
  • 44-6501
  • Authorization to apply for foreign trade zone
Chapter 19
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
Article 1General Provisions
  • 44-6561
  • Unlawful acts or practices; violation; classification; civil penalty
Chapter 20
EQUIPMENT DEALERS
Article 1General Provisions
  • 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
  • 44-6709
  • Current agreements; effect of law; void provisions
Chapter 21
INVESTMENT PENSION FUNDS
Article 1General Provisions
  • 44-6751
  • Investment of pension funds
Chapter 22
RENTAL-PURCHASE AGREEMENTS
Article 1General Provisions
  • 44-6803
  • General requirements of disclosure
  • 44-6805
  • Prohibited rental-purchase agreement terms; practices
  • 44-6812
  • Lessor's defenses; definition
  • 44-6813
  • Assignment of a rental-purchase agreement
Chapter 23
DISHONORED CHECK FEES
Article 1General Provisions
  • 44-6852
  • Dishonored checks; service fee
Chapter 25
SENIOR RESIDENTIAL ENTRANCE FEE CONTRACTS
Article 1General Provisions
  • 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 1General Provisions
  • 44-7005
  • Use of electronic records and signatures; variation by agreement
  • 44-7007
  • Legal recognition of electronic records, signatures and contracts; definition
  • 44-7008
  • Provision of information in writing; presentation of records
  • 44-7009
  • Attribution and effect of electronic record and signature
  • 44-7011
  • Notarization; acknowledgment
  • 44-7012
  • Electronic records retention; originals; definition
  • 44-7014
  • Automated transaction contracts
  • 44-7015
  • Time and place of sending and receipt
  • 44-7016
  • Transferable records; definition
Article 2Secure Electronic Records and Signatures
  • 44-7031
  • Secure electronic signatures
  • 44-7034
  • Electronic notarization; acknowledgment
Article 3Governmental Electronic Records
  • 44-7041
  • Creation; retention; conversion of written records
  • 44-7042
  • Sending and accepting electronic records; exemption
Article 4Miscellaneous Provisions
  • 44-7052
  • Electronic delivery of written communications; exception; definition
Article 5Blockchain Technology
  • 44-7061
  • Signatures and records secured through blockchain technology; smart contracts; ownership of information; definitions
Chapter 27
TOBACCO PRODUCT MANUFACTURERS ESCROW ACCOUNTS
Article 1Model Statute
  • 44-7101
  • Tobacco product manufacturers escrow accounts; model statute
Article 2Model Nonparticipating Manufacturers Legislation
  • 44-7111
  • Tobacco; nonparticipating manufacturers; civil penalty; violation; classification
Chapter 28
DATING REFERRAL SERVICES
Article 1General Provisions
  • 44-7152
  • Dating referral services contracts
  • 44-7153
  • Rescission; refunds; definition
  • 44-7154
  • Prohibited contract provisions; prohibited acts
  • 44-7156
  • Enforcement by attorney general
Chapter 31
GIFT CARDS
Article 1General Provisions
  • 44-7402
  • Gift card fees; expiration date; disclosure; exceptions; civil penalty
Chapter 33
RECORD DISCARD AND DISPOSAL
Article 1Discard 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 1General Provisions
  • 44-7701
  • Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties
Chapter 35
CREDIT CARD AGREEMENTS
Article 1General Provisions
  • 44-7802
  • Acceptance of credit card agreement
  • 44-7803
  • Consumer credit cardholder liability
  • 44-7804
  • Establishment of amount owed on a credit card account
  • 44-7805
  • Establishment of interest rate
Chapter 36
PRIVATE FIREARM TRANSACTIONS
Article 1General Provisions
  • 44-7852
  • Private party firearms transfer; state or political subdivision encumbrance prohibited