Chapter 1 CONTRACTS
Article 1 Statute of Frauds
44-101 Statute of frauds
Article 2 Consideration
44-121 Contracts in writing; consideration
Article 3 Capacity to Contract
44-131 Capacity of minor veterans and married minors
44-132 Capacity of minor to obtain hospital, medical and surgical care; definition
44-132.01 Capacity of minor to obtain treatment for venereal disease without consent of parent
44-133 Emergency consent for hospital care, medical attention or surgery by person in loco parentis
44-133.01 Capacity of minor to consent to treatment for use of a dangerous drug or narcotic
44-134 Capacity for blood donation
Article 3.1 Model Minor Student Capacity to Borrow Act
44-140 Definitions
44-140.01 Educational loan; enforceable; prerequisites
Article 4 Liability of Parties
44-141 Joint and several liability of parties to joint obligations
44-142 Action against persons primarily and secondarily liable on bill of exchange or other contract
44-143 Formal requirements for and limitations upon confession of judgment under power of attorney
44-144 Effect of assignment of chose in action upon defenses existing at time of assignment; exceptions
44-145 Negotiable instruments or other writings evidencing consumer obligations; limitation on liability
Article 5 European Currency
44-161 Interpretation of contracts, securities and other similar measures; currency; definitions
Chapter 2.1 MOTOR VEHICLE TIME SALES DISCLOSURE ACT
Article 1 In General
44-281 Definitions
44-282 Licensing of sales finance companies and dealers required; penalty
44-283 Denial, suspension or revocation of licenses
44-286 Requirements and prohibitions as to retail installment contracts
44-287 Contents of contract
44-288 Insurance provisions of contract
44-289 Delinquent contract; recovery; transfer fees; blank spaces in contract
44-290 Amount of payments; waiver of remedies
44-291 Computation of interest; prepayment rebate; additional charges; secondary motor vehicle finance transaction; definitions
44-293 Motor vehicle; refinancing retail installment contract
44-294 Records
44-295 Penalties
Chapter 3 REVISED ARIZONA UNCLAIMED PROPERTY ACT
Article 1 General Provisions
44-301 Definitions
44-302 Presumptions of abandonment
44-303 Contents of safe deposit box or other safekeeping depository
44-304 Rules for taking custody
44-305 Dormancy charge
44-306 Burden of proof as to property evidenced by record of check or draft
44-307 Report of abandoned property
44-308 Payment or delivery of abandoned property
44-309 Notice and publication of abandoned property
44-310 Custody by state; recovery by holder; defense of holder
44-311 Crediting of owner’s account; interest
44-312 Public sale of abandoned property
44-313 Deposit of monies
44-314 Federal deposit insurance corporation trust fund; temporary custody; interest
44-315 Confidentiality; violation; classification; definitions
44-316 Claim of another state to recover property
44-317 Filing claim with department
44-318 Action to establish claim; attorney fees
44-319 Election to take payment or delivery
44-320 Destruction or disposition of property having no substantial commercial value; immunity from liability
44-321 Periods of limitation
44-322 Requests for reports; examination of records
44-323 Retention of records
44-324 Enforcement
44-325 Interstate agreements and cooperation; joint and reciprocal actions with other states
44-326 Interest; penalties
44-327 Agreement to locate property
44-328 Foreign transactions
44-329 Transitional provisions
44-330 Rules
44-331 Uniformity of application and construction
44-332 Arizona unclaimed property assistance office; unclaimed property problem resolution officer; duties; program termination
44-333 Erroneous advice or misleading statements by the department; abatement of penalties and interest; definitions
44-334 Basis for evaluating employee performance
44-335 No additional audits or proposed increased demands; exceptions
44-336 Private holder rulings; 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
Chapter 3.1 UNCLAIMED PROPERTY IN MUSEUMS
Article 1 In General
44-351 Definitions
44-352 Acquiring title to loaned property
44-353 Acquiring title to undocumented property
44-354 Reclamation of property
44-355 Museum obligations to the lender
44-356 Lender obligations to the museum
Chapter 4 UNIFORM TRADE SECRETS ACT
Article 1 General Provisions
44-401 Definitions
44-402 Injunctive relief
44-403 Damages
44-404 Attorney fees
44-405 Preservation of secrecy; definition
44-406 Statute of limitations
44-407 Effect on other laws
Chapter 8 TRANSACTIONS AND TRANSFERS AFFECTING THE INTEREST OF CREDITORS
Article 1 Uniform Fraudulent Transfer Act
44-1001 Definitions
44-1002 Insolvency
44-1003 Value
44-1004 Transfers fraudulent as to present and future creditors
44-1005 Transfers fraudulent as to present creditors
44-1006 When transfer is made or obligation is incurred
44-1007 Remedies of creditors
44-1008 Defenses, liability and protection of transferee
44-1009 Extinguishment of claim for relief
44-1010 Supplementary provisions
Article 3 Assignments for the Benefit of Creditors
44-1031 Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article
44-1032 Assignment for the benefit of consenting creditors; effect; execution of release by creditors
44-1033 Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk
44-1034 Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment
44-1035 Notice of appointment of assignee; publication
44-1036 Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy
44-1037 Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent
44-1038 Filing of statement of claim by creditors
44-1039 Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors
44-1040 Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor
44-1041 Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser
44-1042 Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor
44-1043 Attempted preference of creditor void
44-1044 Garnishment of assignee by nonconsenting creditor
44-1045 Distribution to creditors; compensation and expenses allowed assignee
44-1046 Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement
44-1047 Fraudulent transactions by assignor; classification
Article 4 Sale or Assignment of Chattels Unaccompanied by Change of Possession
44-1061 Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers
Chapter 9 TRADE PRACTICES GENERALLY
Article 1 Miscellaneous Provisions Relating to Loans
44-1201 Rate of interest for loan or indebtedness; interest on judgments
44-1202 Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract
44-1203 Application to principal of payments made upon interest contracted in excess of the maximum permitted by law; judgment in action to recover obligation involving usurious interest limited to amount due on principal
44-1204 Payments of interest on obligation involving more than the maximum permitted by law on counterclaim in action brought on obligation; action to recover payments of interest in excess of principal on usurious obligation
44-1205 Closed end loans of five thousand dollars or less; revolving accounts; check loan accounts; credit card revolving account; delinquency charges; prepayment rebates and additional charges; definition
44-1206 Effect of obligations insured or guaranteed by the United States
44-1207 Interest on lawful charge, fee, cost or expense
44-1208 Loans secured by real estate; prohibited practices; insurance
Article 2 Miscellaneous Fraudulent Practices
44-1211 Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification
44-1212 False report to principal by agent; classification
44-1213 Issuance of get rich quick contract prohibited; classification
44-1214 Increase of weight of goods sold in container; classification
44-1215 Salting gold or silver ore to defraud; classification
44-1216 Fraud on seller of ore; classification
44-1217 Fraud on creditors by removal, sale or concealment of property; classification
44-1218 Fraudulent or mock auction; classification; forfeiture of license and disqualification of auctioneer
44-1219 Sale, removal or concealment of encumbered property; classification
44-1220 Fraudulent insurance claim; classification
44-1220.01 Fraudulent fire insurance application or claim; classification
44-1221 Deceptive use of name; classification; attorney general
44-1222 Unordered merchandise
44-1223 Fraudulent practices relating to motor vehicle odometers; classification
44-1224 Law enforcement, firefighting or emergency medical services products; sales; certification
Article 2.1 Fraudulent Practices in the Sale of Indian Arts and Crafts
44-1231 Definitions
44-1231.01 Unlawful acts
44-1231.02 Sale of Indian arts and crafts; inquiry; labels
44-1231.03 Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages
44-1231.04 Rules
44-1231.05 Violation; classification
Article 2.2 Registration of Fictitious Names
44-1236 Certificate of name required; exceptions
Article 3 Fraudulent Practices in Sale of Petroleum Products
44-1241 Fraudulent sales
44-1242 Sale under own trademark or brand; authority of manufacturer
44-1243 Mixtures
44-1244 Storage; container previously used for different product
44-1245 Violations; continuing violations; classification
Article 4 Beverage Containers
44-1251 Definitions
44-1252 Sale of beverages in containers with severable opening prohibited; exception; violation; classification
Article 5 Motor Vehicle Warranties
44-1261 Definitions; exemptions
44-1262 New motor vehicle; repair during express warranty or two years or twenty-four thousand miles
44-1263 Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund
44-1264 Reasonable number of attempts to conform motor vehicle to express warranty; presumption
44-1265 Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees
44-1266 Notice to dealers and prospective purchasers
44-1267 Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies
Article 6 Telephone Solicitations
44-1271 Definitions
44-1272 Telephone seller; registration; business opportunities; late filing penalty
44-1272.01 Limited registration; penalty; violation; classification
44-1273 Limited exemptions
44-1274 Bond; amount; filing; beneficiaries; cancellation
44-1275 Fees
44-1276 Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation 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
44-1277 Violation; classification
44-1278 Unlawful practice; powers of attorney general; cumulative remedies
44-1279 Civil remedies
44-1280 Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification
44-1281 Duties of secretary of state
44-1282 Intrastate telemarketing; prohibitions; enforcement; civil penalty; definition
Article 7 Aftermarket Crash Parts
44-1291 Definitions
44-1292 Identification of aftermarket crash part
44-1293 Disclosure on use of aftermarket crash part
44-1294 Enforcement
Article 8 Waste Tire Disposal
44-1301 Definitions
44-1302 Sale of new tires; fees; acceptance of waste tires; notice; definition
44-1303 Waste tire collection sites; registration
44-1304 Disposal of waste tires
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 9 Sale and Disposal of Batteries
44-1321 Definitions
44-1322 Disposal of lead acid batteries
44-1323 Sale of lead acid batteries; fee; notice
44-1324 Civil penalties; environmental nuisance
44-1325 Used automotive components dealers; records of purchase; age requirement for lead acid battery seller
44-1326 Violation; classification
44-1327 Report to the department of public safety; exemption; violation; classification
Article 10 Medical Sharps
44-1341 Medical sharps; label
44-1342 Tattoo needles and waste; disposal; civil penalty
Article 11 Assistive Device Warranties
44-1351 Definitions
44-1352 New assistive device; nonconformity; reasonable attempt to make a repair; reasonable allowance; options
44-1353 Replacement of assistive device; refund of monies; transfer of possession; limitations; disclosure
44-1354 Assistive device dealers; lessors; notice
44-1355 Exemption; waiver of rights; action to recover damages; attorney fees
Article 12 Check Cashers
44-1361 Definitions
44-1362 Check cashing; receipts; notices; government payment instruments; enforcement
Article 13 Consumer Service Fees
44-1365 Definitions
44-1366 Consumer services; delinquency fees; collection fees
Article 14 Credit Card Transaction Receipts
44-1367 Credit card transaction receipts; applicability; enforcement; definition
Article 15 Motor Vehicle Transactions
44-1371 Motor vehicle transactions; conditional financing; traded motor vehicle; definition
Article 16 Commercial Electronic Mail
44-1372 Definitions
44-1372.01 Regulations; powers of attorney general; cumulative remedies; applicability
44-1372.02 Damages
44-1372.03 Court proceedings; secrecy
44-1372.04 Applicability
44-1372.05 Violation; classification
Article 17 Confidentiality of Personal Identifying Information
44-1373 Restricted use of personal identifying information; civil penalty; definition
44-1373.01 Exceptions
44-1373.02 Restricted use of sequential numbers; definition
44-1373.03 Violation; civil penalty
Article 18 Confidentiality of Petroleum Industry Information
44-1374 Confidentiality of petroleum industry information; disclosure; supply emergency; definitions
Article 19 Appliances and Equipment Energy Efficiency Standards
44-1375 Definitions
44-1375.01 Applicability
44-1375.02 Standards
44-1375.03 Certification and compliance; violation; civil penalty
Article 20 Telephone, Utility and Communication Service Records
44-1376 Definitions
44-1376.01 Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure
44-1376.02 Application
44-1376.03 Unfair or deceptive trade practices
44-1376.04 Civil causes of action
44-1376.05 Violation; classification
Article 21 Restocking Fees
44-1377 Disclosure of restocking fee; enforcement; definition
Article 22 Foreclosure Consultants
44-1378 Definitions
44-1378.01 Applicability
44-1378.02 Prohibited acts
44-1378.03 Foreclosure consulting contract
44-1378.04 Right of cancellation
44-1378.05 Homeowner action to recover damages
44-1378.06 Fraud or deceit against homeowner; classification
44-1378.07 Enforcement
44-1378.08 Cumulative nature of penalties
Article 23 Transportation Service Contracts
44-1379 Indemnity agreements in motor carrier transportation contracts void; definitions
Article 24 Retail Food Establishments
44-1380 Consumer incentive item regulation; state preemption; definition
Article 25 Operator Service Providers
44-1381 Operator service providers; collect call rates; disclosure
Chapter 10 COMPETITION AND COMPETITIVE PRACTICES
Article 1 Uniform State Antitrust Act
44-1401 Definition
44-1402 Contract, combination or conspiracy to restrain or monopolize trade
44-1403 Establishment, maintenance or use of monopoly
44-1404 Exclusions
44-1405 Judicial jurisdiction
44-1406 Investigation; service of demand sanctions; confidentiality
44-1407 Civil penalty and injunctive enforcement
44-1408 Damages; injunctive relief
44-1409 Judgment as prima facie evidence
44-1410 Limitations of actions
44-1411 Remedies cumulative
44-1412 Uniformity
44-1413 Short title
44-1414 Order compelling testimony or production of evidence; immunity; contempt
44-1415 Notice to attorney general; appearance
44-1416 Government contract, combination or conspiracy to restrain trade or commerce; violation; classification
Article 3 Registration and Protection of Trademarks and Service Marks
44-1441 Definitions
44-1442 Registrability
44-1443 Application for registration
44-1443.01 Electronic filing; acceptance
44-1444 Certificate of registration; admissibility as evidence
44-1445 Duration of registration; renewal notice; application and fee
44-1446 Assignment of mark and registration
44-1447 Records
44-1448 Cancellation of registrations
44-1448.01 Injury to business reputation; dilution
44-1449 Classification of goods or services
44-1450 Fraudulent registration; damages
44-1451 Remedies for infringement
44-1452 Common law rights
44-1453 Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions
44-1455 Use of unauthorized copy of computer software; violation; classification
44-1456 Use of trademarked container for other articles; violation; classification
Article 3.1 Trade Names
44-1460 Registration of trade name, title or designation
44-1460.01 Issuance of certificate; restrictions
44-1460.02 Effective term of registration; renewal; expiration notice
44-1460.03 Assignment and recording of rights
44-1460.04 Public examination of records
44-1460.05 Exclusive rights; common law rights
44-1460.06 Electronic filing; acceptance
44-1460.07 Trade name registration cancellation; release for use
Article 5 Advertising
44-1481 Fraudulent advertising practices defined; violation; classification
44-1482 Unsolicited commercial fax advertisements; definition
Article 6 Rate Signs of Hotels and Motor Courts
44-1501 Definitions
44-1502 Application
44-1503 Posting of minimum and maximum rates
44-1504 Accommodations advertised required to be available
44-1505 False statements prohibited
44-1506 Construction
44-1507 Violation; classification
Article 7 Consumer Fraud
44-1521 Definitions
44-1522 Unlawful practices; intended interpretation of provisions
44-1523 Exemptions
44-1524 Powers of attorney general
44-1525 Confidentiality of information or evidence
44-1526 Subpoena; hearing; rules and regulations
44-1527 Failure to supply information or obey subpoena; hearing
44-1528 Remedies; injunction; other reliefs; receiver
44-1529 Powers of receiver
44-1530 Assurance of discontinuance of unlawful practice
44-1531 Violations; civil penalties
44-1531.01 Consumer protection-consumer fraud revolving fund; use of fund
44-1531.02 Consumer restitution and remediation revolving fund; subaccounts
44-1532 Violation of order or injunction; penalty
44-1533 Cumulative remedies
44-1534 Costs recoverable
Article 8 Petroleum Products Franchises
44-1551 Definitions
44-1552 Disclosures to be made by distributor before conclusion of agreement
44-1553 Voidable franchises
44-1554 Prohibited practices
44-1555 Permitted practices
44-1556 Termination of franchise; notice; grounds
44-1557 Required provisions in agreements between distributors and dealers
44-1558 Obligation of distributor to repurchase upon termination of agreement; designation of successor in interest
44-1559 Remedies
44-1560 Waiver limitation
44-1561 Arizona commerce authority; fuel price data; availability
44-1562 Full-service gasoline stations; assistance to drivers with disabilities
Article 9 Beer Franchises
44-1565 Definitions
44-1566 Franchise termination
44-1567 Action for damages; other remedies; defense
Article 10 Unlawful Practices in Telecommunications and Ancillary Services
44-1571 Definitions
44-1572 Long-distance telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
44-1573 Local telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
44-1574 Ancillary service providers; prohibition; refund; penalties; program termination
Chapter 11 REGULATIONS CONCERNING PARTICULAR BUSINESSES
Article 1 Dealers of Precious Items
44-1601 Definitions
44-1602 Requirements of dealers of precious items; violation; classification
44-1603 Applicability
44-1604 Local ordinances
Article 3 Pawnbrokers
44-1621 Definitions
44-1622 Pawn tickets; requirements
44-1623 Sale of pledged goods
44-1624 Pawn transactions; reportable transactions
44-1625 Report to sheriff
44-1626 Interest; fees; payment; military members
44-1627 Licensing; requirements
44-1628 Revocation and suspension
44-1629 Fees; penalty
44-1630 False representation
44-1631 Violations; classification
44-1632 Pawnshop hours; city or town ordinance
Article 3.1 Scrap Metal Dealers
44-1641 Definitions
44-1641.01 Scrap metal dealer report
44-1641.02 Law enforcement; theft notification website
44-1641.03 Registration; application
44-1641.04 Registration; fees
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
44-1643 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 4 Future Contracts and Bucket Shops
44-1651 Definitions
44-1652 Operating bucket shop prohibited; classification
44-1653 Owner or manager of property permitting bucket shop; classification
44-1654 Telegraph or telephone company permitting use of instrument in bucket shop; classification
44-1655 Making or offering to make future contract; classification; defense
44-1656 Acting or offering to act as agent or broker to make future contract; classification
44-1657 Facts constituting prima facie proof of future contract
44-1658 Burden of proof in prosecution for making future contract
44-1659 Injunctive remedy against bucket shop
44-1660 Compulsory testimony regarding futures or bucket shops; prosecution of witness prohibited
Article 5 Jewelry Auctions
44-1671 Definitions
44-1672 License required; exemptions
44-1673 Application for license; contents
44-1674 Inventory
44-1675 Verification
44-1676 Fee and bond
44-1677 Issuance of license
44-1678 Numbering of inventoried articles; subsequent inventory; intent to defraud
44-1679 Articles stocked within sixty days prior to application
44-1680 Representation of articles
44-1681 Return of purchases; display of notice
44-1682 Suspension, restoration of licenses; appeal
44-1683 Licensee’s responsibility
44-1684 Sale of articles described falsely
44-1685 Application of article; exemptions
44-1686 Violation; classification
Article 6 Consumer Reporting Agencies and Fair Credit Reporting
44-1691 Definitions
44-1692 Permissible use of consumer reports
44-1693 Access to reports by a consumer
44-1694 Correction of credit reports
44-1695 Liability
44-1696 Unlawful acts; classification
44-1697 Fair credit reporting
44-1698 Security freeze on credit reports and credit scores; fees; definitions
44-1698.01 Consumer credit reports; extension of credit; identity theft; definition
Article 7 Credit Services
44-1701 Definitions
44-1702 Exemptions
44-1703 Credit services organizations; prohibited activities
44-1704 Information statement; necessity and time of delivery to buyer; acknowledgment of delivery; retention on file
44-1705 Information statement; contents
44-1706 Contracts; requirements; contents
44-1707 Credit service organization’s breach of contract or obligation; violation of article
44-1708 Surety bond; procedures to obtain or establish; claim by action at law; limit of liability
44-1709 Waiver of rights by buyer; prohibition; burden of proof on exemption or exception from article
44-1710 Violation; classification; enforcement
44-1711 Action for recovery of damages by buyer
44-1712 Application of other laws; remedies as additional
Article 8 Delivery Containers
44-1721 Definitions
44-1722 Registration of name or mark; notice
44-1723 Unlawful activities; civil action
44-1724 Damages; costs; attorney fees
44-1725 Presumption of unauthorized activity
Article 9 Pyramid Promotional Schemes
44-1731 Definitions
44-1732 Violation; classification
44-1733 Sale or contract for sale of interest in pyramid promotional scheme voidable
44-1734 Scope of remedy
44-1735 Pyramid promotional scheme; prohibition; defenses excluded
Article 10 Dance Studio Contracts
44-1741 Definitions
44-1742 Written contract required; conspicuous statement of cost; limitation of amount
44-1743 Limitation on payment period; prohibition against life contract; single contract
44-1744 Contract; additional provisions required
44-1745 Execution of notes; assignment; customer’s defenses retained
44-1746 Relief from payment
44-1747 Voidable contracts; waiver voidable; damages for violation of article
44-1748 Violation of provisions of article; injunction
44-1749 Bond; amount; filing
44-1750 Exemptions
Article 11 Solar Energy Devices
44-1761 Definitions
44-1762 Solar energy device warranties; installation standards; inspections
Article 12 Consignments of Works of Fine Art
44-1771 Definitions
44-1772 Art dealer and artist; relationship
44-1773 Purchase or resale of consigned fine art by fine art dealer
44-1774 Trust property exempt from claims of art dealer’s creditors
44-1775 Art dealer required to obtain written contract
44-1776 Art dealer; duties
44-1777 Waiver voided
44-1778 Civil penalty
Article 13 Health Spa Contracts
44-1791 Definitions
44-1792 Exemption
44-1793 Contract form; conspicuous statement of costs; duration and cancellation
44-1794 Execution of notes; assignment; customer’s defenses retained
44-1795 Installment payments
44-1796 Voidable contracts; waiver voidable; damages
Article 14 Discount Buying Services
44-1797 Definitions
44-1797.01 Bond; amount; copy; conflict of interest
44-1797.02 Bond; beneficiaries; actions; liability; cancellation
44-1797.03 Cash deposit in lieu of bond
44-1797.04 Disclosures by buying organization; nature of services; listing of items; warranties or guarantees; charges; criminal or civil actions
44-1797.05 Written contract; contents
44-1797.06 Payment or financing period; limitation
44-1797.07 Availability of services; time
44-1797.08 Prohibition of notes cutting off, as to third parties, buyer’s right of action or defense against seller
44-1797.09 Prohibition against assignment or transfer of contract cutting off buyer’s right of action or defense against organization
44-1797.10 Receipt of payment or monies; delivery or availability of goods; time; refund; trust account; deposits and withdrawals
44-1797.11 Cancellation of contract; time; definition
44-1797.12 Voidable contracts; reference to compliance with article
44-1797.13 Misrepresentation; contract void and unenforceable
44-1797.14 Rescission and pro rata refund; removal of place of business
44-1797.15 Transfer to another entity of duty or obligation to provide services; defense in action for enforcement or collection on contract; definition
44-1797.16 Action for damages and restitution of monies paid; treble damages and attorney fees and costs
44-1797.17 Violation; classification
44-1797.18 Provisions not exclusive
44-1797.19 Waiver
44-1797.20 Enforcement
Article 15 Sales Representative Contracts
44-1798 Definitions
44-1798.01 Sales representative contract
44-1798.02 Termination of sales representative contract; payment of earned commissions
44-1798.03 Revocable offers of commission
44-1798.04 Jurisdiction; no waiver; election of remedies
44-1798.05 Applicability
Article 16 Loan Servicing
44-1798.21 Loan servicing; service of process; definitions
Article 17 Pet Dealers
44-1799 Definitions
44-1799.01 Initial veterinary examination
44-1799.02 Information statement; purchaser rights; notice
44-1799.03 Record keeping
44-1799.04 Animal care requirements; violation; classification
44-1799.05 Purchaser remedies for sale of unfit cats or dogs; requirements; exceptions
44-1799.06 Contested actions; procedures
44-1799.07 Presumption of illness
44-1799.08 Civil penalties
44-1799.09 Applicability to other laws; waiver of rights
Article 18 Casket Sales
44-1799.21 Casket sales; price disclosure; definition
Article 19 Shopping Carts
44-1799.31 Definitions
44-1799.32 Prohibition of certain shopping cart activity; applicability; consent; presumption
44-1799.33 Finding; impoundment of shopping carts by local agencies; conditions; emergencies; costs; fines; disposal of unclaimed carts; applicability
44-1799.34 Shopping cart retrieval; records; sign
44-1799.35 Applicability of article; local ordinances
44-1799.36 Violation; classification; applicability
Article 20 Heavy Equipment Rental Agreements
44-1799.41 Heavy equipment rental agreements; requirements; definition
Article 21 Solicitations Using Loan Information
44-1799.51 Loan information; solicitations; restrictions; injunction; definition
Article 22 Amusement Ride Safety
44-1799.61 Definition of amusement ride
44-1799.62 Municipality and county powers; public inspection exception; violation; classification
44-1799.63 Amusement ride owners and operators; requirements; denial of entry
44-1799.64 Enforcement
Article 23 Public Sale of Animals
44-1799.71 Unlawful public sale of animals; civil penalty; definitions
Article 24 Bulk Merchandise Containers
44-1799.81 Recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers; record keeping; civil penalty; violation; classification; definition
Article 25 Direct Primary Care Provider Plans
44-1799.91 Definitions
44-1799.92 Direct primary care provider plans; requirements; notice; prohibition
Chapter 12 SALES OF SECURITIES
Article 1 Definitions
44-1801 Definitions
Article 2 Administrative Personnel
44-1811 Director of securities
44-1812 Assistant director of securities
44-1813 Employment of personnel; criminal records check
44-1814 Travel and other necessary expenses of employees
44-1815 Cooperation with other securities agencies
Article 3 General Administrative Powers
44-1821 General rule-making power of commission; delegation of authority; limitation
44-1822 Investigations
44-1823 Power to require testimony and production of records; order of nondisclosure
44-1824 Dealer examination assessment; foreign examination cost; payment
44-1825 Contempt; penalty
44-1826 No-action requests
Article 4 Sale of Securities
44-1841 Sale of unregistered securities prohibited; classification
44-1842 Transactions by unregistered dealers and salesmen prohibited; classification
44-1843 Exempt securities; fee; filing
44-1843.01 Nonexempt government securities; covered securities; exemptions
44-1843.02 Special filing requirements for certain exempt or federal covered securities
44-1844 Exempt transactions
44-1845 Exemption or special registration of certain securities and transactions by commission rule
44-1846 Powers of commission to exempt certain securities or transactions
44-1847 Power of commission to exempt certain securities or transactions of regulated issuers
44-1848 Registration of dealers and salesmen dealing with certain exempt securities or engaging in certain exempt transactions; exemptions
44-1849 Real property investment contracts; recording
44-1850 Viatical or life settlement investment contracts
Article 5 Fees, Form of Consent to Service of Process and Securities Filings
44-1861 Fees; deposit; abandonment
44-1862 Consent to service of process; service on commission
44-1863 Receipt of electronic securities filings
Article 6 Registration of Securities by Description
44-1871 Securities that may be registered by description
44-1872 Procedure for registration by description; registration statement; consent to service of process
44-1873 Recording of registration; effective date of registration; renewal; eligibility of registered securities for sale
44-1874 Registration of additional securities by description
44-1875 Filing of additional information
44-1876 Escrow of certain securities; restrictive sales agreement
44-1877 Escrow of treasury stock; restrictive sales agreement
44-1878 Impoundment of funds from sale of speculative securities
Article 7 Registration of Securities by Qualification
44-1891 Registration by qualification
44-1892 Documents required for application for registration by qualification; fee
44-1893 Application for registration of securities by qualification; contents; accompanying documents; signature and verification
44-1894 Prospectus; contents; use of consolidated financial statements; amendment or supplement to prospectus required to show material change
44-1895 Preparation of required financial statements
44-1896 Substitution of prospectus filed under or complying with standards of form prescribed by or under securities act of 1933 for prospectus required by sections 44-1892 and 44-1894
44-1897 Amendment or withdrawal of application, prospectus or other documents
44-1898 Registration in securities register of securities complying with requirements for registration by qualification; sale of registered securities authorized; delivery of prospectus to purchasers
44-1899 Renewal of registration by qualification
44-1900 Registration of additional securities by qualification
44-1901 Registration of certain securities by qualification; definitions
44-1902 Power of the commission to register certain securities by uniform limited offering registration
Article 8 Denial, Revocation or Suspension of Securities by Registration
44-1921 Denial of registration by qualification
44-1922 Revocation of registration by qualification or description; grounds
44-1923 Order denying or revoking registration; notice to issuer and dealers
44-1924 Order suspending registration; grounds; hearing; notice
Article 9 Registration of Dealers and Salesmen
44-1941 Application for registration as dealer; contents; filing; consent to service of process; fee; exemption
44-1942 Power of commission or director to require filing of additional information
44-1943 Power of commission to require bond from dealer
44-1944 Registration in register of dealers and salesmen of applicant complying with requirements
44-1945 Application for registration as salesman; filing; contents; exemptions
44-1946 Registration in register of dealers and salesmen of applicant complying with requirements
44-1947 Register of dealers and salesmen; recording registration and orders; transfer or expiration of registration
44-1948 Reporting requirements of dealers and salesmen; real property records
44-1949 Duty of dealer to give notice of termination of employment of salesman; automatic suspension of salesman’s registration; notice of employment of salesman
44-1950 Active military duty; compensation
Article 10 Denial, Revocation or Suspension of Registration as Dealer or Salesman
44-1961 Grounds for denial, revocation or suspension of dealer registration; administrative remedies
44-1962 Grounds for denial, revocation or suspension of registration of salesman; administrative remedies
44-1963 Entry of order of denial, revocation or suspension
44-1964 Temporary suspension orders
Article 11 Hearings
44-1971 Initiation of hearing; purpose of hearing
44-1972 Notice of and opportunity for hearing; time of hearing
44-1973 Conduct of hearing
44-1974 Rehearings
Article 12 Appeals
44-1981 Judicial review
Article 13 Fraudulent Practices
44-1991 Fraud in purchase or sale of securities
44-1992 Filing of misleading information with commission
44-1993 Misrepresentation of effect of registration of securities
44-1994 Misrepresentation of effect of registration of dealers or salesmen
44-1995 Violation; classification
44-1996 Prohibition of referral fees
44-1997 False registration statement; liability
44-1998 Offers and sales; liability
44-1999 Controlling persons; liability
44-2000 Contrary stipulations void
Article 14 Civil Remedies and Liabilities
44-2001 Voidable sale or contract for sale of securities; remedy
44-2002 Remedy for voidable purchases
44-2003 Joint and several liability; proportionate liability; determination of responsibility; uncollectible share; settlement discharge; limitation on actions; definitions
44-2004 Limitation of civil actions
44-2005 Remedy not exclusive
Article 15 Conservators and Receivers
44-2011 Petition for appointment of conservator or receiver
44-2012 Complaint; contents
44-2013 Preliminary injunction; appointment of temporary conservator or receiver
44-2014 Permanent injunction; permanent conservator or receiver
44-2015 Conservator; bond; powers and duties
44-2016 Duration of appointment of conservator; distributing assets; winding up affairs of violator
44-2017 Compensation of conservators and other personnel
Article 16 Enforcement
44-2031 Jurisdiction and venue of offenses and actions; joinder of spouse
44-2032 Cease and desist orders; civil penalty; injunctions; civil restitution; prosecutions for violations
44-2033 Burden of proof of exemptions
44-2034 Evidence of registration or notice filing; lack of registration or notice filing
44-2035 Evidence of record of proceedings
44-2036 Administrative penalty
44-2037 Civil penalties
44-2038 Costs recoverable
44-2039 Securities regulatory and enforcement fund; purpose
44-2040 Violation; classification
44-2041 Continuance of prior law for certain purposes
44-2042 Confidentiality
Article 17 Capital Markets
44-2051 Advancement of economic development and capital formation
44-2052 Exchange operation; commission rules
44-2053 Limitation on liability
44-2055 Securities public reference rooms
44-2056 Free trade
Article 18 Private Securities Litigation
44-2081 Private securities class action litigation
44-2082 Requirements for securities fraud actions involving misleading statements or omissions
44-2083 Sanctions for abusive litigation
44-2084 Right to written interrogatories
44-2085 Limitation on damages; definition
44-2086 Attorney fees paid from disgorgement monies; prohibition
44-2087 Application of safe harbor for forward‑looking statements; definitions
Article 19 Audits
44-2121 Definition of illegal act
44-2122 Audit requirements
44-2123 Audit discoveries; required responses
44-2124 Auditor liability limitation
44-2125 Civil penalties in cease and desist proceedings
44-2126 Preservation of existing authority
Chapter 13 INVESTMENT MANAGEMENT
Article 1 Definitions
44-3101 Definitions
44-3102 Interpretations by commission
Article 2 Administrative Personnel
44-3111 Director of securities
44-3112 Assistant director of securities
44-3113 Employment of personnel
44-3114 Travel and other necessary expenses of employees
44-3115 Cooperation with other agencies
Article 3 General Administrative Powers
44-3131 General rule making power of commission; delegation of authority; limitation
44-3132 Investigations
44-3133 Power to require testimony and production of records; order of nondisclosure
44-3134 Contempt; penalty
44-3135 No-action letters
Article 4 Licensure of Investment Advisers and Investment Adviser Representatives
44-3151 Licensure required; exclusion; violation; classification
44-3152 Exemption of certain investment advisers and investment adviser representatives
44-3153 Application for licensure as investment adviser; notice filings by federal covered advisers
44-3154 Licensure application; additional information
44-3155 Investment adviser license; notification
44-3156 Application for licensure as investment adviser representative
44-3157 Investment adviser representative license; notification
44-3158 Expiration, renewal or transfer of licensure; automatic suspension
44-3159 Reporting requirements
Article 5 Fees
44-3181 Fees; penalties; abandonment
Article 6 Denial, Revocation or Suspension of License
44-3201 Grounds for denial, revocation or suspension of license; administrative remedies
44-3202 Entry of order of denial, suspension or revocation
Article 7 Hearings
44-3211 Initiation of hearing; purpose of hearing
44-3212 Notice of an opportunity for a hearing; time of hearing
44-3213 Conduct of hearing
44-3214 Rehearings
Article 8 Appeals
44-3231 Judicial review
Article 9 Fraudulent Practices
44-3241 Fraud in provision of investment advisory services; liability; violation; classification
Article 10 Conservators and Receivers
44-3271 Petition for appointment of conservators and receivers
44-3272 Conservators and receivers
Article 11 Enforcement
44-3291 Jurisdiction and venue of offenses and actions; joinder of spouse
44-3292 Cease and desist orders; injunctions; civil restitution; prosecutions for violations
44-3293 Burden of proof of exemptions
44-3294 Evidence of licensure or lack of licensure
44-3295 Evidence of record of proceedings
44-3296 Administrative penalty
44-3297 Costs recoverable
44-3298 Investment management regulatory and enforcement fund; purpose
44-3299 State liability; limitation
44-3300 Confidentiality
Article 12 Notice of Filings of Certain Investment Companies
44-3321 Notice filings by open-end companies and unit investment trusts
44-3322 Amount and term of securities subject to notice filing
44-3323 Sales reports
44-3324 Notice filing fees
44-3325 Notice filings by closed‑end companies
Chapter 15 HOME SOLICITATIONS AND REFERRAL SALES
Article 1 In General
44-5001 Definitions
44-5002 Cancellation period; method of cancellation; intent; waiver void
44-5003 Referral sales, rebate or discount violations
44-5004 Agreement requirements
44-5005 Transfer
44-5006 Time limitation; disposition of goods
44-5007 Buyer responsibility; services
44-5008 Violation; classification
Chapter 16 RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES
Article 1 In General
44-5501 Restrictions
Chapter 17 RETAIL INSTALLMENT SALES TRANSACTIONS
Article 1 In General
44-6001 Definitions
44-6002 Retail installment contracts; retail charge account agreements; definitions
44-6004 Assignment or transfers
44-6005 Periodic statements required
44-6006 Violation; bar to recovery
Chapter 18 FOREIGN TRADE ZONES
Article 1 In General
44-6501 Authorization to apply for foreign trade zone
Chapter 19 SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
Article 1 General Provisions
44-6551 Definitions
44-6561 Unlawful acts or practices; violation; classification; civil penalty
Chapter 20 EQUIPMENT DEALERS
Article 1 General Provisions
44-6701 Definitions
44-6702 Prohibited acts of supplier
44-6703 Dealer agreements; cancellation
44-6704 Surplus parts inventory; credits
44-6705 Cancellation of dealer agreement; repurchase
44-6706 Repurchase; title; security interest
44-6707 Death of equipment dealer; definition
44-6708 Cause of action; remedies
44-6709 Current agreements; effect of law; void provisions
Chapter 21 INVESTMENT PENSION FUNDS
Article 1 General Provisions
44-6751 Investment of pension funds
Chapter 22 RENTAL-PURCHASE AGREEMENTS
Article 1 General Provisions
44-6801 Definitions
44-6802 Applicability
44-6803 General requirements of disclosure
44-6804 Disclosures
44-6805 Prohibited rental-purchase agreement terms; practices
44-6806 Collection practices
44-6807 Reinstatement
44-6808 Receipts
44-6809 Renegotiations
44-6810 Advertising
44-6811 Enforcement; penalties
44-6812 Lessor’s defenses; definition
44-6813 Assignment of a rental-purchase agreement
44-6814 Notices
Chapter 23 DISHONORED CHECK FEES
Article 1 General Provisions
44-6851 Definitions
44-6852 Dishonored checks; service fee
Chapter 25 SENIOR RESIDENTIAL ENTRANCE FEE CONTRACTS
Article 1 General Provisions
44-6951 Definitions
44-6952 Senior residential entrance fee contracts; provider registration; registration fee
44-6953 Maintaining valid registration
44-6954 Senior residential entrance fee contracts; offer; rescission; disclosure
Chapter 26 ELECTRONIC TRANSACTIONS
Article 1 General Provisions
44-7001 Short title
44-7002 Definitions
44-7003 Scope
44-7004 Prospective application
44-7005 Use of electronic records and signatures; variation by agreement
44-7006 Construction; application
44-7007 Legal recognition of electronic records, signatures and contracts
44-7008 Provision of information in writing; presentation of records
44-7009 Attribution and effect of electronic record and signature
44-7010 Effect of change or error
44-7011 Notarization; acknowledgment
44-7012 Electronic records retention; originals
44-7013 Admissibility in evidence
44-7014 Automated transaction contracts
44-7015 Time and place of sending and receipt
44-7016 Transferable records; definition
Article 2 Secure Electronic Records and Signatures
44-7031 Secure electronic signatures
44-7032 Secure electronic records
44-7033 Presumptions
44-7034 Electronic notarization; acknowledgment
Article 3 Governmental Electronic Records
44-7041 Creation; retention; conversion of written records
44-7042 Sending and accepting electronic records
44-7043 Interoperability
Article 4 Miscellaneous Provisions
44-7051 Consumer protection
44-7052 Electronic delivery of written communications; exception; definition
Chapter 27 TOBACCO PRODUCT MANUFACTURERS ESCROW ACCOUNTS
Article 1 Model Statute
44-7101 Tobacco product manufacturers escrow accounts; model statute
Article 2 Model Nonparticipating Manufacturers Legislation
44-7111 Tobacco; nonparticipating manufacturers; civil penalty; violation; classification
Chapter 28 DATING REFERRAL SERVICES
Article 1 General Provisions
44-7151 Definitions
44-7152 Dating referral services contracts
44-7153 Rescission; refunds; definition
44-7154 Prohibited contract provisions; prohibited acts
44-7155 Damages; attorney fees
44-7156 Enforcement by attorney general
Chapter 29 INTERNET REPRESENTATIONS
Article 1 General Provisions
44-7201 Definitions
44-7202 Prohibition
44-7203 Civil remedies; damages
44-7204 Violation; classification
Chapter 30 COMPUTER SPYWARE
Article 1 General Provisions
44-7301 Definitions
44-7302 Prohibited activities; applicability
44-7303 Statewide concern; preemption
44-7304 Civil remedies; damages
Chapter 31 GIFT CARDS
Article 1 General Provisions
44-7401 Definitions
44-7402 Gift card fees; expiration date; disclosure; exceptions; civil penalty
Chapter 32 NOTIFICATION FOR COMPROMISED PERSONAL INFORMATION
Article 1 General Provisions
44-7501 Notification of breach of security system; enforcement; civil penalty; preemption; exceptions; definitions
Chapter 33 RECORD DISCARD AND DISPOSAL
Article 1 Discard and Disposal of Personal Identifying Information Records
44-7601 Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition
Chapter 34 RETAILER USE OF IDENTIFICATION INFORMATION
Article 1 General Provisions
44-7701 Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties
Chapter 35 CREDIT CARD AGREEMENTS
Article 1 General Provisions
44-7801 Definitions
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
44-7806 Consumer protection rights