PocketLaw | Arizona Revised Statutes | Trade and Commerce

Trade and Commerce

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Statute of frauds

Contracts in writing; consideration

Capacity of minor veterans and married minors

Capacity of minor to obtain hospital, medical and surgical care; definition

Section
44-132.01

Capacity of minor to obtain treatment for venereal disease without consent of parent

Emergency consent for hospital care, medical attention or surgery by person in loco parentis

Section
44-133.01

Capacity of minor to consent to treatment for use of a dangerous drug or narcotic

Capacity for blood donation

Definitions

Section
44-140.01

Educational loan; enforceable; prerequisites

Joint and several liability of parties to joint obligations

Action against persons primarily and secondarily liable on bill of exchange or other contract

Formal requirements for and limitations upon confession of judgment under power of attorney

Effect of assignment of chose in action upon defenses existing at time of assignment; exceptions

Negotiable instruments or other writings evidencing consumer obligations; limitation on liability

Interpretation of contracts, securities and other similar measures; currency; definitions

Exemption from licensure, certification, registration or other authorization to act

Definitions

Licensing of sales finance companies required; penalty

Denial, suspension or revocation of licenses

Requirements and prohibitions as to retail installment contracts

Contents of contract

Insurance provisions of contract

Delinquent contract; recovery; transfer fees; blank spaces in contract

Amount of payments; waiver of remedies

Computation of interest; prepayment rebate; additional charges; secondary motor vehicle finance transaction; definitions

Motor vehicle; refinancing retail installment contract

Records

Penalties

Definitions

Presumptions of abandonment

Contents of safe deposit box or other safekeeping depository

Rules for taking custody

Dormancy charge

Burden of proof as to property evidenced by record of check or draft

Report of abandoned property

Payment or delivery of abandoned property

Notice and publication of abandoned property

Custody by state; recovery by holder; defense of holder

Crediting of owner's account; interest

Public sale of abandoned property

Deposit of monies

Federal deposit insurance corporation trust fund; temporary custody; interest

Confidentiality; violation; classification; definitions

Claim of another state to recover property

Filing claim with department

Action to establish claim; attorney fees

Election to take payment or delivery

Destruction or disposition of property having no substantial commercial value; immunity from liability

Periods of limitation

Requests for reports; examination of records

Retention of records

Enforcement

Interstate agreements and cooperation; joint and reciprocal actions with other states

Interest; penalties

Agreement to locate property

Foreign transactions

Transitional provisions

Rules

Uniformity of application and construction

Arizona unclaimed property assistance office; unclaimed property problem resolution officer; duties; program termination

Erroneous advice or misleading statements by the department; abatement of penalties and interest; definitions

Basis for evaluating employee performance

No additional audits or proposed increased demands; exceptions

Private holder rulings; holder information rulings; request; revocation or modification; definitions

Abatement of interest for errors or delays caused by the department

Appeal of determination of amounts due

Signatures for documents; alternative methods; definition

Auditor contingent fee contracts; notice of rights

Definitions

Acquiring title to loaned property

Acquiring title to undocumented property

Reclamation of property

Museum obligations to the lender

Lender obligations to the museum

Definitions

Injunctive relief

Damages

Attorney fees

Preservation of secrecy; definition

Statute of limitations

Effect on other laws

Section
44-1001

Definitions

Section
44-1002

Insolvency

Section
44-1003

Value

Section
44-1004

Transfers fraudulent as to present and future creditors

Section
44-1005

Transfers fraudulent as to present creditors

Section
44-1006

When transfer is made or obligation is incurred

Section
44-1007

Remedies of creditors

Section
44-1008

Defenses, liability and protection of transferee

Section
44-1009

Extinguishment of claim for relief

Section
44-1010

Supplementary provisions

Section
44-1031

Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article

Section
44-1032

Assignment for the benefit of consenting creditors; effect; execution of release by creditors

Section
44-1033

Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk

Section
44-1034

Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment

Section
44-1035

Notice of appointment of assignee; publication

Section
44-1036

Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy

Section
44-1037

Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent

Section
44-1038

Filing of statement of claim by creditors

Section
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

Section
44-1040

Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor

Section
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

Section
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

Section
44-1043

Attempted preference of creditor void

Section
44-1044

Garnishment of assignee by nonconsenting creditor

Section
44-1045

Distribution to creditors; compensation and expenses allowed assignee

Section
44-1046

Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement

Section
44-1047

Fraudulent transactions by assignor; classification

Section
44-1061

Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers

Section
44-1201

Rate of interest for loan or indebtedness; interest on judgments

Section
44-1202

Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract

Section
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

Section
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

Section
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

Section
44-1206

Effect of obligations insured or guaranteed by the United States

Section
44-1207

Interest on lawful charge, fee, cost or expense

Section
44-1208

Loans secured by real estate; prohibited practices; insurance

Section
44-1211

Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification

Section
44-1212

False report to principal by agent; classification

Section
44-1213

Issuance of get rich quick contract prohibited; classification

Section
44-1214

Increase of weight of goods sold in container; classification

Section
44-1215

Salting gold or silver ore to defraud; classification

Section
44-1216

Fraud on seller of ore; classification

Section
44-1217

Fraud on creditors by removal, sale or concealment of property; classification

Section
44-1218

Fraudulent or mock auction; classification; forfeiture of license and disqualification of auctioneer

Section
44-1219

Sale, removal or concealment of encumbered property; classification

Section
44-1220

Fraudulent insurance claim; classification

Section
44-1220.01

Fraudulent fire insurance application or claim; classification

Section
44-1221

Deceptive use of name; classification; attorney general

Section
44-1222

Unordered merchandise

Section
44-1223

Fraudulent practices relating to motor vehicle odometers; classification

Section
44-1224

Law enforcement, firefighting or emergency medical services products; sales; certification

Section
44-1231

Definitions

Section
44-1231.01

Unlawful acts

Section
44-1231.02

Sale of Indian arts and crafts; inquiry; labels

Section
44-1231.03

Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages

Section
44-1231.04

Rules

Section
44-1231.05

Violation; classification

Section
44-1236

Certificate of name required; exceptions

Section
44-1241

Fraudulent sales

Section
44-1242

Sale under own trademark or brand; authority of manufacturer

Section
44-1243

Mixtures

Section
44-1244

Storage; container previously used for different product

Section
44-1245

Violations; continuing violations; classification

Section
44-1251

Definitions

Section
44-1252

Sale of beverages in containers with severable opening prohibited; exception; violation; classification

Section
44-1261

Definitions; exemptions

Section
44-1262

New motor vehicle; repair during express warranty or two years or twenty-four thousand miles

Section
44-1263

Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund

Section
44-1264

Reasonable number of attempts to conform motor vehicle to express warranty; presumption

Section
44-1265

Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees

Section
44-1266

Notice to dealers and prospective purchasers

Section
44-1267

Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies

Section
44-1271

Definitions

Section
44-1272

Telephone seller; registration; business opportunities; late filing penalty

Section
44-1272.01

Limited registration; penalty; violation; classification

Section
44-1273

Limited exemptions

Section
44-1274

Bond; amount; filing; beneficiaries; cancellation

Section
44-1275

Fees

Section
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

Section
44-1276.01

Business opportunities; disclosure to consumer

Section
44-1276.02

Business opportunity contracts in writing; required information

Section
44-1276.03

Business opportunity contract cancellation

Section
44-1277

Violation; classification

Section
44-1278

Unlawful practice; powers of attorney general; cumulative remedies

Section
44-1279

Civil remedies

Section
44-1280

Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification

Section
44-1281

Duties of secretary of state

Section
44-1282

National do-not-call registry; prohibitions; enforcement; civil penalty; definition

Section
44-1291

Definitions

Section
44-1292

Identification of aftermarket crash part

Section
44-1293

Disclosure on use of aftermarket crash part

Section
44-1294

Enforcement

Section
44-1301

Definitions

Section
44-1302

Sale of new tires; fees; acceptance of waste tires; notice; definition

Section
44-1303

Waste tire collection sites; registration

Section
44-1304

Disposal of waste tires

Section
44-1304.01

Storage, disposal, discard or abandonment of used motor vehicle tires; registration fees; violation; classification; exception

Section
44-1305

Waste tire fund and program

Section
44-1306

Department of environmental quality; rules; annual county report to the department

Section
44-1307

Civil penalties; environmental nuisance

Section
44-1321

Definitions

Section
44-1322

Disposal of lead acid batteries

Section
44-1323

Sale of lead acid batteries; refundable deposit; notice

Section
44-1324

Civil penalties; environmental nuisance

Section
44-1325

Used automotive components dealers; records of purchase; age requirement for lead acid battery seller

Section
44-1326

Violation; classification

Section
44-1327

Report to the department of public safety; exemption; violation; classification

Section
44-1341

Medical sharps; label

Section
44-1342

Tattoo needles and waste; disposal; civil penalty

Section
44-1351

Definitions

Section
44-1352

New assistive device; nonconformity; reasonable attempt to make a repair; reasonable allowance; options

Section
44-1353

Replacement of assistive device; refund of monies; transfer of possession; limitations; disclosure

Section
44-1354

Assistive device dealers; lessors; notice

Section
44-1355

Exemption; waiver of rights; action to recover damages; attorney fees

Section
44-1361

Definitions

Section
44-1362

Check cashing; receipts; notices; government payment instruments; enforcement

Section
44-1365

Definitions

Section
44-1366

Consumer services; delinquency fees; collection fees

Section
44-1367

Credit card transaction receipts; applicability; enforcement; definition

Section
44-1371

Motor vehicle transactions; conditional financing; traded motor vehicle; advertised price; definition

Section
44-1372

Definitions

Section
44-1372.01

Regulations; powers of attorney general; cumulative remedies; applicability

Section
44-1372.02

Damages

Section
44-1372.03

Court proceedings; secrecy

Section
44-1372.04

Applicability

Section
44-1372.05

Violation; classification

Section
44-1373

Restricted use of personal identifying information; civil penalty; definition

Section
44-1373.01

Exceptions

Section
44-1373.02

Restricted use of sequential numbers; definition

Section
44-1373.03

Violation; civil penalty

Section
44-1374

Confidentiality of petroleum industry information; disclosure; supply emergency; definitions

Section
44-1375

Definitions

Section
44-1375.01

Applicability

Section
44-1375.02

Standards

Section
44-1375.03

Certification and compliance; violation; civil penalty

Section
44-1376

Definitions

Section
44-1376.01

Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure

Section
44-1376.02

Application

Section
44-1376.03

Unfair or deceptive trade practices

Section
44-1376.04

Civil causes of action

Section
44-1376.05

Violation; classification

Section
44-1377

Disclosure of restocking fee; enforcement; definition

Section
44-1378

Definitions

Section
44-1378.01

Applicability

Section
44-1378.02

Prohibited acts

Section
44-1378.03

Foreclosure consulting contract

Section
44-1378.04

Right of cancellation

Section
44-1378.05

Homeowner action to recover damages

Section
44-1378.06

Fraud or deceit against homeowner; classification

Section
44-1378.07

Enforcement

Section
44-1378.08

Cumulative nature of penalties

Section
44-1379

Indemnity agreements in motor carrier transportation contracts void; definitions

Section
44-1380

Consumer incentive item regulation; state preemption; definition

Section
44-1381

Operator service providers; collect call rates; disclosure

Section
44-1382

Transfer of personal property; city, town or county

Section
44-1401

Definition

Section
44-1402

Contract, combination or conspiracy to restrain or monopolize trade

Section
44-1403

Establishment, maintenance or use of monopoly

Section
44-1404

Exclusions

Section
44-1405

Judicial jurisdiction

Section
44-1406

Investigation; service of demand sanctions; confidentiality

Section
44-1407

Civil penalty and injunctive enforcement

Section
44-1408

Damages; injunctive relief

Section
44-1409

Judgment as prima facie evidence

Section
44-1410

Limitations of actions

Section
44-1411

Remedies cumulative

Section
44-1412

Uniformity

Section
44-1413

Short title

Section
44-1414

Order compelling testimony or production of evidence; immunity; contempt

Section
44-1415

Notice to attorney general; appearance

Section
44-1416

Government contract, combination or conspiracy to restrain trade or commerce; violation; classification

Section
44-1421

Definitions

Section
44-1422

Bad faith patent infringement claims; prohibited

Section
44-1423

Enforcement

Section
44-1424

Federal patent infringement allegation exception

Section
44-1441

Definitions

Section
44-1442

Registrability

Section
44-1443

Application for registration

Section
44-1443.01

Electronic filing; acceptance

Section
44-1444

Certificate of registration; admissibility as evidence

Section
44-1445

Duration of registration; renewal notice; application and fee

Section
44-1446

Assignment of mark and registration

Section
44-1447

Records

Section
44-1448

Cancellation of registrations

Section
44-1448.01

Injury to business reputation; dilution

Section
44-1449

Classification of goods or services

Section
44-1450

Fraudulent registration; damages

Section
44-1451

Remedies for infringement

Section
44-1452

Common law rights

Section
44-1453

Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions

Section
44-1455

Use of unauthorized copy of computer software; violation; classification

Section
44-1456

Use of trademarked container for other articles; violation; classification

Section
44-1460

Registration of trade name, title or designation

Section
44-1460.01

Issuance of certificate; restrictions

Section
44-1460.02

Effective term of registration; renewal; expiration notice

Section
44-1460.03

Assignment and recording of rights

Section
44-1460.04

Public examination of records

Section
44-1460.05

Exclusive rights; common law rights

Section
44-1460.06

Electronic filing; acceptance

Section
44-1460.07

Trade name registration cancellation; release for use

Section
44-1481

Fraudulent advertising practices defined; violation; classification

Section
44-1482

Unsolicited commercial fax advertisements; definition

Section
44-1501

Definitions

Section
44-1502

Application

Section
44-1503

Posting of minimum and maximum rates

Section
44-1504

Accommodations advertised required to be available

Section
44-1505

False statements prohibited

Section
44-1506

Construction

Section
44-1507

Violation; classification

Section
44-1521

Definitions

Section
44-1522

Unlawful practices; intended interpretation of provisions

Section
44-1523

Exemptions

Section
44-1524

Powers of attorney general

Section
44-1525

Confidentiality of information or evidence

Section
44-1526

Subpoena; hearing; rules and regulations

Section
44-1527

Failure to supply information or obey subpoena; hearing

Section
44-1528

Remedies; injunction; other reliefs; receiver

Section
44-1529

Powers of receiver

Section
44-1530

Assurance of discontinuance of unlawful practice

Section
44-1531

Violations; civil penalties

Section
44-1531.01

Consumer protection-consumer fraud revolving fund; use of fund

Section
44-1531.02

Consumer restitution and remediation revolving fund; subaccounts

Section
44-1532

Violation of order or injunction; penalty

Section
44-1533

Cumulative remedies

Section
44-1534

Costs recoverable

Section
44-1551

Definitions

Section
44-1552

Disclosures to be made by distributor before conclusion of agreement

Section
44-1553

Voidable franchises

Section
44-1554

Prohibited practices

Section
44-1555

Permitted practices

Section
44-1556

Termination of franchise; notice; grounds

Section
44-1557

Required provisions in agreements between distributors and dealers

Section
44-1558

Obligation of distributor to repurchase upon termination of agreement; designation of successor in interest

Section
44-1559

Remedies

Section
44-1560

Waiver limitation

Section
44-1561

Arizona commerce authority; fuel price data; availability

Section
44-1562

Full-service gasoline stations; assistance to drivers with disabilities

Section
44-1565

Definitions

Section
44-1566

Franchise termination

Section
44-1567

Action for damages; other remedies; defense

Section
44-1571

Definitions

Section
44-1572

Long-distance telecommunications service providers; changes; authorization for services; requirements; penalties; program termination

Section
44-1573

Local telecommunications service providers; changes; authorization for services; requirements; penalties; program termination

Section
44-1574

Ancillary service providers; prohibition; refund; penalties; program termination

Section
44-1601

Definitions

Section
44-1602

Requirements of dealers of precious items; violation; classification

Section
44-1603

Applicability

Section
44-1604

Local ordinances

Section
44-1611

Definitions

Section
44-1612

Exemption qualifications

Section
44-1613

Unlawful moving practices

Section
44-1614

Delivery and unloading of household goods; exemption

Section
44-1615

Waiver prohibited; failure to comply with article

Section
44-1616

Lawful collection of monies

Section
44-1621

Definitions

Section
44-1622

Pawn tickets; requirements

Section
44-1623

Sale of pledged goods

Section
44-1624

Pawn transactions; reportable transactions

Section
44-1625

Report to sheriff

Section
44-1626

Interest; fees; payment; military members

Section
44-1627

Licensing; requirements

Section
44-1628

Revocation and suspension

Section
44-1629

Fees; penalty

Section
44-1630

False representation

Section
44-1631

Violations; classification

Section
44-1632

Pawnshop hours; city or town ordinance

Section
44-1641

Definitions

Section
44-1641.02

Law enforcement; theft notification website

Section
44-1641.03

Registration; application; information disclosed on website

Section
44-1641.04

Registration; fees

Section
44-1641.05

Items required to be maintained at place of business; city or county ability to recover costs; violation; civil penalty

Section
44-1642

Records of purchase; transaction limitations; age requirement for scrap metal seller; exception

Section
44-1642.01

Prohibited scrap metal transactions; exceptions; violation; classification

Section
44-1642.02

Scrap vehicle purchase; applicable law

Section
44-1643

Violation; classification

Section
44-1644

Report; exemption; violation; classification

Section
44-1645

Applicability; state preemption

Section
44-1646

Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability

Section
44-1647

Department of public safety; transaction form

Section
44-1648

Preemption; power of local authorities; city, town or county licensing system

Section
44-1649

Joint legislative committee on metal theft

Section
44-1651

Definitions

Section
44-1652

Operating bucket shop prohibited; classification

Section
44-1653

Owner or manager of property permitting bucket shop; classification

Section
44-1654

Telegraph or telephone company permitting use of instrument in bucket shop; classification

Section
44-1655

Making or offering to make future contract; classification; defense

Section
44-1656

Acting or offering to act as agent or broker to make future contract; classification

Section
44-1657

Facts constituting prima facie proof of future contract

Section
44-1658

Burden of proof in prosecution for making future contract

Section
44-1659

Injunctive remedy against bucket shop

Section
44-1660

Compulsory testimony regarding futures or bucket shops; prosecution of witness prohibited

Section
44-1671

Definitions

Section
44-1672

License required; exemptions

Section
44-1673

Application for license; contents

Section
44-1674

Inventory

Section
44-1675

Verification

Section
44-1676

Fee and bond

Section
44-1677

Issuance of license

Section
44-1678

Numbering of inventoried articles; subsequent inventory; intent to defraud

Section
44-1679

Articles stocked within sixty days prior to application

Section
44-1680

Representation of articles

Section
44-1681

Return of purchases; display of notice

Section
44-1682

Suspension, restoration of licenses; appeal

Section
44-1683

Licensee's responsibility

Section
44-1684

Sale of articles described falsely

Section
44-1685

Application of article; exemptions

Section
44-1686

Violation; classification

Section
44-1691

Definitions

Section
44-1692

Permissible use of consumer reports

Section
44-1693

Access to reports by a consumer

Section
44-1694

Correction of credit reports

Section
44-1695

Liability

Section
44-1696

Unlawful acts; classification

Section
44-1697

Fair credit reporting

Section
44-1698

Security freeze on credit reports and credit scores; fees prohibited; definitions

Section
44-1698.01

Consumer credit reports; extension of credit; identity theft; definition

Section
44-1698.02

Security freezes; credit reports; protected person; fee prohibited; definitions

Section
44-1701

Definitions

Section
44-1702

Exemptions

Section
44-1703

Credit services organizations; prohibited activities

Section
44-1704

Information statement; necessity and time of delivery to buyer; acknowledgment of delivery; retention on file

Section
44-1705

Information statement; contents

Section
44-1706

Contracts; requirements; contents

Section
44-1707

Credit service organization's breach of contract or obligation; violation of article

Section
44-1708

Surety bond; procedures to obtain or establish; claim by action at law; limit of liability

Section
44-1709

Waiver of rights by buyer; prohibition; burden of proof on exemption or exception from article

Section
44-1710

Violation; classification; enforcement

Section
44-1711

Action for recovery of damages by buyer

Section
44-1712

Application of other laws; remedies as additional

Section
44-1721

Definitions

Section
44-1722

Registration of name or mark; notice

Section
44-1723

Unlawful activities; civil action

Section
44-1724

Damages; costs; attorney fees

Section
44-1725

Presumption of unauthorized activity

Section
44-1731

Definitions

Section
44-1732

Violation; classification

Section
44-1733

Sale or contract for sale of interest in pyramid promotional scheme voidable

Section
44-1734

Scope of remedy

Section
44-1735

Pyramid promotional scheme; prohibition; defenses excluded

Section
44-1741

Definitions

Section
44-1742

Written contract required; conspicuous statement of cost; limitation of amount

Section
44-1743

Limitation on payment period; prohibition against life contract; single contract

Section
44-1744

Contract; additional provisions required

Section
44-1745

Execution of notes; assignment; customer's defenses retained

Section
44-1746

Relief from payment

Section
44-1747

Voidable contracts; waiver voidable; damages for violation of article

Section
44-1748

Violation of provisions of article; injunction

Section
44-1751

Definitions

Section
44-1752

Pharmacy benefits managers; prohibitions; applicability

Section
44-1753

Prescription medications; ninety-day fill; exceptions

Section
44-1754

Delivery of prescription drugs; disclosure; exception

Section
44-1761

Definitions

Section
44-1762

Solar energy device warranties; installation standards; inspections

Section
44-1763

Distributed energy generation system agreements; disclosures; exception

Section
44-1764

Distributed energy generation systems; interconnection

Section
44-1771

Definitions

Section
44-1772

Art dealer and artist; relationship

Section
44-1773

Purchase or resale of consigned fine art by art dealer

Section
44-1774

Trust property exempt from claims of art dealer's creditors

Section
44-1775

Art dealer required to obtain written contract

Section
44-1776

Art dealer; duties

Section
44-1777

Waiver voided

Section
44-1778

Civil penalty

Section
44-1791

Definitions

Section
44-1792

Exemption

Section
44-1793

Contract form; conspicuous statement of costs; duration and cancellation

Section
44-1794

Execution of notes; assignment; customer's defenses retained

Section
44-1795

Installment payments

Section
44-1796

Voidable contracts; waiver voidable; damages

Section
44-1797

Definitions

Section
44-1797.01

Bond; amount; copy; conflict of interest

Section
44-1797.02

Bond; beneficiaries; actions; liability; cancellation

Section
44-1797.03

Cash deposit in lieu of bond

Section
44-1797.04

Disclosures by buying organization; nature of services; listing of items; warranties or guarantees; charges; criminal or civil actions

Section
44-1797.05

Written contract; contents

Section
44-1797.06

Payment or financing period; limitation

Section
44-1797.07

Availability of services; time

Section
44-1797.08

Prohibition of notes cutting off, as to third parties, buyer's right of action or defense against seller

Section
44-1797.09

Prohibition against assignment or transfer of contract cutting off buyer's right of action or defense against organization

Section
44-1797.10

Receipt of payment or monies; delivery or availability of goods; time; refund; trust account; deposits and withdrawals

Section
44-1797.11

Cancellation of contract; time; definition

Section
44-1797.12

Voidable contracts; reference to compliance with article

Section
44-1797.13

Misrepresentation; contract void and unenforceable

Section
44-1797.14

Rescission and pro rata refund; removal of place of business

Section
44-1797.15

Transfer to another entity of duty or obligation to provide services; defense in action for enforcement or collection on contract; definition

Section
44-1797.16

Action for damages and restitution of monies paid; treble damages and attorney fees and costs

Section
44-1797.17

Violation; classification

Section
44-1797.18

Provisions not exclusive

Section
44-1797.19

Waiver

Section
44-1797.20

Enforcement

Section
44-1798

Definitions

Section
44-1798.01

Sales representative contract

Section
44-1798.02

Termination of sales representative contract; payment of earned commissions

Section
44-1798.03

Revocable offers of commission

Section
44-1798.04

Jurisdiction; no waiver; election of remedies

Section
44-1798.05

Applicability

Section
44-1798.21

Loan servicing; service of process; definitions

Section
44-1799

Definitions

Section
44-1799.01

Initial veterinary examination

Section
44-1799.02

Information statement; purchaser rights; notice

Section
44-1799.03

Record keeping

Section
44-1799.04

Animal care requirements; violation; classification

Section
44-1799.05

Purchaser remedies for sale of unfit cats or dogs; requirements; exceptions

Section
44-1799.06

Contested actions; procedures

Section
44-1799.07

Presumption of illness

Section
44-1799.08

Civil penalties; enforcement actions

Section
44-1799.09

Applicability to other laws; waiver of rights

Section
44-1799.10

Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping

Section
44-1799.11

Pet dealer regulation; state preemption

Section
44-1799.21

Casket sales; price disclosure; definition

Section
44-1799.31

Definitions

Section
44-1799.32

Prohibition of certain shopping cart activity; applicability; consent; presumption

Section
44-1799.33

Finding; impoundment of shopping carts by local agencies; conditions; emergencies; costs; fines; disposal of unclaimed carts; applicability

Section
44-1799.34

Shopping cart retrieval; records; sign

Section
44-1799.35

Applicability of article; local ordinances

Section
44-1799.36

Violation; classification; applicability

Section
44-1799.41

Heavy equipment rental agreements; requirements; definition

Section
44-1799.51

Loan information; solicitations; restrictions; injunction; definition

Section
44-1799.61

Definition of amusement ride

Section
44-1799.62

Municipality and county powers; public inspection exception; violation; classification

Section
44-1799.63

Amusement ride owners and operators; requirements; denial of entry

Section
44-1799.64

Enforcement

Section
44-1799.71

Unlawful public sale of animals; civil penalty; definitions

Section
44-1799.81

Recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers; record keeping; civil penalty; violation; classification; definition

Section
44-1799.91

Definitions

Section
44-1799.92

Direct primary care agreements; requirements; notice

Section
44-1799.93

Direct primary care provider; acceptance and discontinuance of patients

Section
44-1799.94

Direct primary care agreements; fees

Section
44-1799.95

Direct primary care agreements; dentists

Section
44-1799.96

Direct primary care agreements; regulation

Section
44-1801

Definitions

Section
44-1811

Director of securities

Section
44-1812

Assistant director of securities

Section
44-1813

Employment of personnel; criminal records check

Section
44-1814

Travel and other necessary expenses of employees

Section
44-1815

Cooperation with other securities agencies

Section
44-1821

General rule-making power of commission; delegation of authority; limitation

Section
44-1822

Investigations

Section
44-1823

Power to require testimony and production of records; order of nondisclosure

Section
44-1824

Dealer examination assessment; foreign examination cost; payment

Section
44-1825

Contempt; penalty

Section
44-1826

No-action requests

Section
44-1841

Sale of unregistered securities prohibited; classification

Section
44-1842

Transactions by unregistered dealers and salesmen prohibited; classification

Section
44-1843

Exempt securities; fee; filing

Section
44-1843.01

Nonexempt government securities; covered securities; exemptions

Section
44-1843.02

Special filing requirements for certain exempt or federal covered securities

Section
44-1844

Exempt transactions

Section
44-1845

Exemption or special registration of certain securities and transactions by commission rule

Section
44-1846

Powers of commission to exempt certain securities or transactions

Section
44-1847

Power of commission to exempt certain securities or transactions of regulated issuers

Section
44-1848

Registration of dealers and salesmen dealing with certain exempt securities or engaging in certain exempt transactions; exemptions

Section
44-1849

Real property investment contracts; recording

Section
44-1850

Viatical or life settlement investment contracts

Section
44-1861

Fees; deposit; abandonment

Section
44-1862

Consent to service of process; service on commission

Section
44-1863

Receipt of electronic securities filings

Section
44-1871

Securities that may be registered by description

Section
44-1872

Procedure for registration by description; registration statement; consent to service of process

Section
44-1873

Recording of registration; effective date of registration; renewal; eligibility of registered securities for sale

Section
44-1874

Registration of additional securities by description

Section
44-1875

Filing of additional information

Section
44-1876

Escrow of certain securities; restrictive sales agreement

Section
44-1877

Escrow of treasury stock; restrictive sales agreement

Section
44-1878

Impoundment of funds from sale of speculative securities

Section
44-1891

Registration by qualification

Section
44-1892

Documents required for application for registration by qualification; fee

Section
44-1893

Application for registration of securities by qualification; contents; accompanying documents; signature and verification

Section
44-1894

Prospectus; contents; use of consolidated financial statements; amendment or supplement to prospectus required to show material change

Section
44-1895

Preparation of required financial statements

Section
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

Section
44-1897

Amendment or withdrawal of application, prospectus or other documents

Section
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

Section
44-1899

Renewal of registration by qualification

Section
44-1900

Registration of additional securities by qualification

Section
44-1901

Registration of certain securities by qualification; definitions

Section
44-1902

Power of the commission to register certain securities by uniform limited offering registration

Section
44-1921

Denial of registration by qualification

Section
44-1922

Revocation of registration by qualification or description; grounds

Section
44-1923

Order denying or revoking registration; notice to issuer and dealers

Section
44-1924

Order suspending registration; grounds; hearing; notice

Section
44-1941

Application for registration as dealer; contents; filing; consent to service of process; fee; exemption

Section
44-1942

Power of commission or director to require filing of additional information

Section
44-1943

Power of commission to require bond from dealer

Section
44-1944

Registration in register of dealers and salesmen of applicant complying with requirements

Section
44-1945

Application for registration as salesman; filing; contents; exemptions

Section
44-1946

Registration in register of dealers and salesmen of applicant complying with requirements

Section
44-1947

Register of dealers and salesmen; recording registration and orders; transfer or expiration of registration

Section
44-1948

Reporting requirements of dealers and salesmen; real property records

Section
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

Section
44-1950

Active military duty; compensation

Section
44-1961

Grounds for denial, revocation or suspension of dealer registration; administrative remedies

Section
44-1962

Grounds for denial, revocation or suspension of registration of salesman; administrative remedies

Section
44-1963

Entry of order of denial, revocation or suspension

Section
44-1964

Temporary suspension orders

Section
44-1971

Initiation of hearing; purpose of hearing

Section
44-1972

Notice of and opportunity for hearing; time of hearing

Section
44-1973

Conduct of hearing

Section
44-1974

Rehearings

Section
44-1981

Judicial review

Section
44-1991

Fraud in purchase or sale of securities

Section
44-1992

Filing of misleading information with commission

Section
44-1993

Misrepresentation of effect of registration of securities

Section
44-1994

Misrepresentation of effect of registration of dealers or salesmen

Section
44-1995

Violation; classification

Section
44-1996

Prohibition of referral fees

Section
44-1997

False registration statement; liability

Section
44-1998

Offers and sales; liability

Section
44-1999

Controlling persons; liability

Section
44-2000

Contrary stipulations void

Section
44-2001

Voidable sale or contract for sale of securities; remedy

Section
44-2002

Remedy for voidable purchases

Section
44-2003

Joint and several liability; proportionate liability; determination of responsibility; uncollectible share; settlement discharge; limitation on actions; definitions

Section
44-2004

Limitation of civil actions

Section
44-2005

Remedy not exclusive

Section
44-2011

Petition for appointment of conservator or receiver

Section
44-2012

Complaint; contents

Section
44-2013

Preliminary injunction; appointment of temporary conservator or receiver

Section
44-2014

Permanent injunction; permanent conservator or receiver

Section
44-2015

Conservator; bond; powers and duties

Section
44-2016

Duration of appointment of conservator; distributing assets; winding up affairs of violator

Section
44-2017

Compensation of conservators and other personnel

Section
44-2031

Jurisdiction and venue of offenses and actions; joinder of spouse

Section
44-2032

Cease and desist orders; civil penalty; injunctions; civil restitution; prosecutions for violations

Section
44-2033

Burden of proof of exemptions

Section
44-2034

Evidence of registration or notice filing; lack of registration or notice filing

Section
44-2035

Evidence of record of proceedings

Section
44-2036

Administrative penalty

Section
44-2037

Civil penalties

Section
44-2038

Costs recoverable

Section
44-2039

Securities regulatory and enforcement fund; purpose

Section
44-2040

Violation; classification

Section
44-2041

Continuance of prior law for certain purposes

Section
44-2042

Confidentiality

Section
44-2051

Advancement of economic development and capital formation

Section
44-2052

Exchange operation; commission rules

Section
44-2053

Limitation on liability

Section
44-2055

Securities public reference rooms

Section
44-2056

Free trade

Section
44-2081

Private securities class action litigation

Section
44-2082

Requirements for securities fraud actions involving misleading statements or omissions

Section
44-2083

Sanctions for abusive litigation

Section
44-2084

Right to written interrogatories

Section
44-2085

Limitation on damages; definition

Section
44-2086

Attorney fees paid from disgorgement monies; prohibition

Section
44-2087

Application of safe harbor for forward-looking statements; definitions

Section
44-2121

Definition of illegal act

Section
44-2122

Audit requirements

Section
44-2123

Audit discoveries; required responses

Section
44-2124

Auditor liability limitation

Section
44-2125

Civil penalties in cease and desist proceedings

Section
44-2126

Preservation of existing authority

Section
44-3101

Definitions

Section
44-3102

Interpretations by commission

Section
44-3111

Director of securities

Section
44-3112

Assistant director of securities

Section
44-3113

Employment of personnel

Section
44-3114

Travel and other necessary expenses of employees

Section
44-3115

Cooperation with other agencies

Section
44-3131

General rule making power of commission; delegation of authority; limitation

Section
44-3132

Investigations

Section
44-3133

Power to require testimony and production of records; order of nondisclosure

Section
44-3134

Contempt; penalty

Section
44-3135

No-action letters

Section
44-3151

Licensure required; exclusion; violation; classification

Section
44-3152

Exemption of certain investment advisers and investment adviser representatives; private fund adviser exemption; definitions

Section
44-3153

Application for licensure as investment adviser; notice filings by federal covered advisers

Section
44-3154

Licensure application; additional information

Section
44-3155

Investment adviser license; notification

Section
44-3156

Application for licensure as investment adviser representative

Section
44-3157

Investment adviser representative license; notification

Section
44-3158

Expiration, renewal or transfer of licensure; automatic suspension

Section
44-3159

Reporting requirements

Section
44-3181

Fees; penalties; abandonment

Section
44-3201

Grounds for denial, revocation or suspension of license; administrative remedies

Section
44-3202

Entry of order of denial, suspension or revocation

Section
44-3211

Initiation of hearing; purpose of hearing

Section
44-3212

Notice of an opportunity for a hearing; time of hearing

Section
44-3213

Conduct of hearing

Section
44-3214

Rehearings

Section
44-3231

Judicial review

Section
44-3241

Fraud in provision of investment advisory services; liability; violation; classification

Section
44-3271

Petition for appointment of conservators and receivers

Section
44-3272

Conservators and receivers

Section
44-3291

Jurisdiction and venue of offenses and actions; joinder of spouse

Section
44-3292

Cease and desist orders; injunctions; civil restitution; prosecutions for violations

Section
44-3293

Burden of proof of exemptions

Section
44-3294

Evidence of licensure or lack of licensure

Section
44-3295

Evidence of record of proceedings

Section
44-3296

Administrative penalty

Section
44-3297

Costs recoverable

Section
44-3298

Investment management regulatory and enforcement fund; purpose

Section
44-3299

State liability; limitation

Section
44-3300

Confidentiality

Section
44-3321

Notice filings by open-end companies and unit investment trusts

Section
44-3322

Amount and term of securities subject to notice filing

Section
44-3323

Sales reports

Section
44-3324

Notice filing fees

Section
44-3325

Notice filings by closed-end companies

Section
44-5001

Definitions

Section
44-5002

Cancellation period; method of cancellation; intent; waiver void

Section
44-5003

Referral sales, rebate or discount violations

Section
44-5004

Agreement requirements

Section
44-5005

Transfer

Section
44-5006

Time limitation; disposition of goods

Section
44-5007

Buyer responsibility; services

Section
44-5008

Violation; classification

Section
44-5501

Restrictions

Section
44-6001

Definitions

Section
44-6002

Retail installment contracts; retail charge account agreements; definitions

Section
44-6004

Assignment or transfers

Section
44-6005

Periodic statements required

Section
44-6006

Violation; bar to recovery

Section
44-6501

Authorization to apply for foreign trade zone

Section
44-6551

Definitions

Section
44-6561

Unlawful acts or practices; violation; classification; civil penalty

Section
44-6701

Definitions

Section
44-6702

Prohibited acts of supplier

Section
44-6703

Dealer agreements; cancellation

Section
44-6704

Surplus parts inventory; credits

Section
44-6705

Cancellation of dealer agreement; repurchase

Section
44-6706

Repurchase; title; security interest

Section
44-6707

Death of equipment dealer; definition

Section
44-6708

Cause of action; remedies

Section
44-6709

Current agreements; effect of law; void provisions

Section
44-6751

Investment of pension funds

Section
44-6801

Definitions

Section
44-6802

Applicability

Section
44-6803

General requirements of disclosure

Section
44-6804

Disclosures

Section
44-6805

Prohibited rental-purchase agreement terms; practices

Section
44-6806

Collection practices

Section
44-6807

Reinstatement

Section
44-6808

Receipts

Section
44-6809

Renegotiations

Section
44-6810

Advertising

Section
44-6811

Enforcement; penalties

Section
44-6812

Lessor's defenses; definition

Section
44-6813

Assignment of a rental-purchase agreement

Section
44-6814

Notices

Section
44-6851

Definitions

Section
44-6852

Dishonored checks; service fee

Section
44-6951

Definitions

Section
44-6952

Senior residential entrance fee contracts; provider registration; registration fee

Section
44-6953

Maintaining valid registration

Section
44-6954

Senior residential entrance fee contracts; offer; rescission; disclosure

Section
44-7001

Short title

Section
44-7002

Definitions

Section
44-7003

Scope

Section
44-7003

Version 2 - Scope

Section
44-7004

Prospective application

Section
44-7005

Use of electronic records and signatures; variation by agreement

Section
44-7006

Construction; application

Section
44-7007

Legal recognition of electronic records, signatures and contracts; definition

Section
44-7008

Provision of information in writing; presentation of records

Section
44-7009

Attribution and effect of electronic record and signature

Section
44-7010

Effect of change or error

Section
44-7011

Notarization; acknowledgment

Section
44-7011

Version 2 - Notarization; acknowledgment

Section
44-7012

Electronic records retention; originals; definition

Section
44-7013

Admissibility in evidence

Section
44-7014

Automated transaction contracts

Section
44-7015

Time and place of sending and receipt

Section
44-7016

Transferable records; definition

Section
44-7031

Secure electronic signatures

Section
44-7032

Secure electronic records

Section
44-7033

Presumptions

Section
44-7034

Electronic notarization; acknowledgment

Section
44-7041

Creation; retention; conversion of written records

Section
44-7042

Sending and accepting electronic records; exemption

Section
44-7043

Interoperability

Section
44-7051

Consumer protection

Section
44-7052

Electronic delivery of written communications; exception; definition

Section
44-7061

Signatures and records secured through blockchain technology; smart contracts; ownership of information; definitions

Section
44-7101

Tobacco product manufacturers escrow accounts; model statute

Section
44-7111

Tobacco; nonparticipating manufacturers; civil penalty; violation; classification

Section
44-7151

Definitions

Section
44-7152

Dating referral services contracts

Section
44-7153

Rescission; refunds; definition

Section
44-7154

Prohibited contract provisions; prohibited acts

Section
44-7155

Damages; attorney fees

Section
44-7156

Enforcement by attorney general

Section
44-7157

Fraud ban disclosures

Section
44-7401

Definitions

Section
44-7402

Gift card fees prohibited; underlying monies expiration date prohibited; civil penalty

Section
44-7601

Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition

Section
44-7701

Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties

Section
44-7801

Definitions

Section
44-7802

Acceptance of credit card agreement

Section
44-7803

Consumer credit cardholder liability

Section
44-7804

Establishment of amount owed on a credit card account

Section
44-7805

Establishment of interest rate

Section
44-7806

Consumer protection rights

Section
44-7851

Definitions

Section
44-7852

Private party firearms transfer; state or political subdivision encumbrance prohibited

Section
44-7901

Definitions

Section
44-7902

Mugshot website operators; prohibited acts; exceptions

Section
44-7951

Businesses exempt from mask mandate

Section
44-8001

Definitions

Section
44-8002

Direct-to-consumer genetic testing company requirements; prohibition

Section
44-8003

Exceptions

Section
44-8004

Enforcement; violation; civil penalty; damages; costs; attorney fees