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You are here: Home Arizona Law Arizona Revised Statutes  Title 44

Arizona Revised Statutes Title 44

Trade and Commerce

Chapter 1 CONTRACTS
Article 1 Statute of Frauds
44-101 Statute of frauds
Article 2 Consideration
44-121 Contracts in writing; consideration
Article 3 Capacity to Contract
44-131 Capacity of minor veterans and married minors
44-132 Capacity of minor to obtain hospital, medical and surgical care; definition
44-132.01 Capacity of minor to obtain treatment for venereal disease without consent of parent
44-133 Emergency consent for hospital care, medical attention or surgery by person in loco parentis
44-133.01 Capacity of minor to consent to treatment for use of a dangerous drug or narcotic
44-134 Capacity of minor 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 In General
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; definition
44-314 Federal deposit insurance corporation trust fund; temporary custody; interest
44-315 Confidentiality; violation; classification; definitions
44-316 Claim of another state to recover property
44-317 Filing claim with department
44-318 Action to establish claim; attorney fees
44-319 Election to take payment or delivery
44-320 Destruction or disposition of property having no substantial commercial value; immunity from liability
44-321 Periods of limitation
44-322 Requests for reports; examination of records
44-323 Retention of records
44-324 Enforcement
44-325 Interstate agreements and cooperation; joint and reciprocal actions with other states
44-326 Interest; penalties
44-327 Agreement to locate property
44-328 Foreign transactions
44-329 Transitional provisions
44-330 Rules
44-331 Uniformity of application and construction
44-332 Arizona unclaimed property assistance office; unclaimed property problem resolution officer; duties; program termination
44-333 Erroneous advice or misleading statements by the department; abatement of penalties and interest; definitions
44-334 Basis for evaluating employee performance
44-335 No additional audits or proposed increased demands; exceptions
44-336 Private holder rulings; request; revocation or modification; definition
44-337 Abatement of interest for errors or delays caused by the department
44-338 Appeal of determination of amounts due
44-339 Signatures for documents; alternative methods; definition
Chapter 3.1 UNCLAIMED PROPERTY IN MUSEUMS
Article 1 In General
44-351 Definitions
44-352 Acquiring title to loaned property
44-353 Acquiring title to undocumented property
44-354 Reclamation of property
44-355 Museum obligations to the lender
44-356 Lender obligations to the museum
Chapter 4 UNIFORM TRADE SECRETS ACT
Article 1 General Provisions
44-401 Definitions
44-402 Injunctive relief
44-403 Damages
44-404 Attorney fees
44-405 Preservation of secrecy; definition
44-406 Statute of limitations
44-407 Effect on other laws
Chapter 8 TRANSACTIONS AND TRANSFERS AFFECTING THE INTEREST OF CREDITORS
Article 1 Uniform Fraudulent Transfer Act
44-1001 Definitions
44-1002 Insolvency
44-1003 Value
44-1004 Transfers fraudulent as to present and future creditors
44-1005 Transfers fraudulent as to present creditors
44-1006 When transfer is made or obligation is incurred
44-1007 Remedies of creditors
44-1008 Defenses, liability and protection of transferee
44-1009 Extinguishment of claim for relief
44-1010 Supplementary provisions
Article 3 Assignments for the Benefit of Creditors
44-1031 Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article
44-1032 Assignment for the benefit of consenting creditors; effect; execution of release by creditors
44-1033 Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk
44-1034 Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment
44-1035 Notice of appointment of assignee; publication
44-1036 Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy
44-1037 Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent
44-1038 Filing of statement of claim by creditors
44-1039 Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors
44-1040 Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor
44-1041 Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser
44-1042 Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor
44-1043 Attempted preference of creditor void
44-1044 Garnishment of assignee by nonconsenting creditor
44-1045 Distribution to creditors; compensation and expenses allowed assignee
44-1046 Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement
44-1047 Fraudulent transactions by assignor; classification
Article 4 Sale or Assignment of Chattels Unaccompanied by Change of Possession
44-1061 Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers
Chapter 9 TRADE PRACTICES GENERALLY
Article 1 Miscellaneous Provisions Relating to Loans
44-1201 Rate of interest for loan or indebtedness; interest on judgments
44-1202 Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract
44-1203 Application to principal of payments made upon interest contracted in excess of the maximum permitted by law; judgment in action to recover obligation involving usurious interest limited to amount due on principal
44-1204 Payments of interest on obligation involving more than the maximum permitted by law on counterclaim in action brought on obligation; action to recover payments of interest in excess of principal on usurious obligation
44-1205 Closed end loans of five thousand dollars or less; revolving accounts; check loan accounts; credit card revolving account; delinquency charges; prepayment rebates and additional charges; definition
44-1206 Effect of obligations insured or guaranteed by the United States
44-1207 Interest on lawful charge, fee, cost or expense
44-1208 Loans secured by real estate; prohibited practices; insurance
Article 2 Miscellaneous Fraudulent Practices
44-1211 Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification
44-1212 False report to principal by agent; classification
44-1213 Issuance of get rich quick contract prohibited; classification
44-1214 Increase of weight of goods sold in container; classification
44-1215 Salting gold or silver ore to defraud; classification
44-1216 Fraud on seller of ore; classification
44-1217 Fraud on creditors by removal, sale or concealment of property; classification
44-1218 Fraudulent or mock auction; classification; forfeiture of license and disqualification of auctioneer
44-1219 Sale, removal or concealment of encumbered property; classification
44-1220 Fraudulent insurance claim; classification
44-1220.01 Fraudulent fire insurance application or claim; classification
44-1221 Deceptive use of name; classification; attorney general
44-1222 Unordered merchandise
44-1223 Fraudulent practices relating to motor vehicle odometers; classification
44-1224 Law enforcement, firefighting or emergency medical services products; sales; certification
Article 2.1 Fraudulent Practices in the Sale of Indian Arts and Crafts
44-1231 Definitions
44-1231.01 Unlawful acts
44-1231.02 Sale of Indian arts and crafts; inquiry; labels
44-1231.03 Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages
44-1231.04 Rules
44-1231.05 Violation; classification
Article 2.2 Registration of Fictitious Names
44-1236 Certificate of name required
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
44-1272.01 Limited registration; penalty; violation; classification
44-1273 Limited exemptions
44-1274 Bond; amount; filing; beneficiaries; cancellation
44-1275 Fees
44-1276 Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation sale; notice of right to cancel
44-1277 Violation; classification
44-1278 Unlawful practice; powers of attorney general; cumulative remedies
44-1279 Civil remedies
44-1280 Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification
44-1281 Duties of secretary of state
44-1282 Intrastate telemarketing; prohibitions; enforcement; civil penalty; definition
Article 7 Aftermarket Crash Parts
44-1291 Definitions
44-1292 Identification of aftermarket crash part
44-1293 Disclosure on use of aftermarket crash part
44-1294 Enforcement
Article 8 Waste Tire Disposal
44-1301 Definitions
44-1302 Sale of new tires; fees; acceptance of waste tires; notice; definition
44-1303 Waste tire collection sites
44-1304 Disposal of waste tires
44-1304.01 Storage, disposal, discard or abandonment of used motor vehicle tires; violation; classification; exception
44-1305 Waste tire fund and program
44-1306 Department of environmental quality; rules; annual county report to the department
44-1307 Civil penalties; environmental nuisance
Article 9 Sale and Disposal of Batteries
44-1321 Definition of lead acid battery
44-1322 Disposal of lead acid batteries
44-1323 Sale of lead acid batteries; fee; notice
44-1324 Civil penalties; environmental nuisance
Article 10 Medical Sharps
44-1341 Medical sharps; label
44-1342 Tattoo needles and waste; disposal; civil penalty
Article 11 Assistive Device Warranties
44-1351 Definitions
44-1352 New assistive device; nonconformity; reasonable attempt to make a repair; reasonable allowance; options
44-1353 Replacement of assistive device; refund of monies; transfer of possession; limitations; disclosure
44-1354 Assistive device dealers; lessors; notice
44-1355 Exemption; waiver of rights; action to recover damages; attorney fees
Article 12 Check Cashiers
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 Social Security Numbers
44-1373 Restricted use of social security numbers; 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
44-1374 Confidentiality of petroleum industry information; disclosure; supply emergency; definitions
44-1375 Definitions
44-1375.01 Applicability
44-1375.02 Standards
44-1375.03 Certification and compliance; violation; civil penalty
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
44-1441 Definitions
44-1442 Registrability
44-1443 Application for registration
44-1443.01 Electronic filing; acceptance
44-1444 Certificate of registration; admissibility as evidence
44-1445 Duration of registration; renewal notice; application and fee
44-1446 Assignment of mark and registration
44-1447 Records
44-1448 Cancellation of registrations
44-1448.01 Injury to business reputation; dilution
44-1449 Classification of goods or services
44-1450 Fraudulent registration; damages
44-1451 Remedies for infringement
44-1452 Common law rights
44-1453 Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions
44-1455 Use of unauthorized copy of computer software; violation; classification
44-1456 Use of trademarked container for other articles; violation; classification
Article 3.1 Trade Names
44-1460 Registration of trade name, title or designation
44-1460.01 Issuance of certificate; restrictions
44-1460.02 Effective term of registration; renewal; expiration notice
44-1460.03 Assignment and recording of rights
44-1460.04 Public examination of records
44-1460.05 Exclusive rights; common law rights
44-1460.06 Electronic filing; acceptance
44-1460.07 Trade name registration cancellation
Article 5 Advertising
44-1481 Fraudulent advertising practices defined; violation; classification
44-1482 Unsolicited commercial fax advertisements; definition
Article 6 Rate Signs of Hotels and Motor Courts
44-1501 Definitions
44-1502 Application
44-1503 Posting of minimum and maximum rates
44-1504 Accommodations advertised required to be available
44-1505 False statements prohibited
44-1506 Construction
44-1507 Violation; classification
Article 7 Consumer Fraud
44-1521 Definitions
44-1522 Unlawful practices; intended interpretation of provisions
44-1523 Exemptions
44-1524 Powers of attorney general
44-1525 Confidentiality of information or evidence
44-1526 Subpoena; hearing; rules and regulations
44-1527 Failure to supply information or obey subpoena; hearing
44-1528 Remedies; injunction; other reliefs; receiver
44-1529 Powers of receiver
44-1530 Assurance of discontinuance of unlawful practice
44-1531 Violations; civil penalties
44-1531.01 Revolving fund; use of fund
44-1532 Violation of order or injunction; penalty
44-1533 Cumulative remedies
44-1534 Costs recoverable
Article 8 Petroleum Products Franchises
44-1551 Definitions
44-1552 Disclosures to be made by distributor before conclusion of agreement
44-1553 Voidable franchises
44-1554 Prohibited practices
44-1555 Permitted practices
44-1556 Termination of franchise; notice; grounds
44-1557 Required provisions in agreements between distributors and dealers
44-1558 Obligation of distributor to repurchase upon termination of agreement; designation of successor in interest
44-1559 Remedies
44-1560 Waiver limitation
44-1561 Department of commerce; fuel price data; availability
44-1562 Full service gasoline stations; assistance to handicapped drivers
Article 9 Beer Franchises
44-1565 Definitions
44-1566 Franchise termination
44-1567 Action for damages; other remedies; defense
Article 10 Unlawful Practices in Telecommunications and Ancillary Services
44-1571 Definitions
44-1572 Long-distance telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
44-1573 Local telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
44-1574 Ancillary service providers; prohibition; refund; penalties; program termination
Chapter 11 REGULATIONS CONCERNING PARTICULAR BUSINESSES
Article 1 Dealers of Precious Items
44-1601 Definitions
44-1602 Requirements of dealers of precious items; violation; classification
44-1603 Applicability
44-1604 Local ordinances
Article 2 Linen Supplies Service
44-1611 Adoption of mark indicating ownership by linen supplier; recording
44-1612 Unlawful use of registered mark prohibited
44-1613 Purchase of marked articles
44-1614 Duty of person acquiring possession of article marked with registered mark to restore it to owner
44-1615 Acceptance of money deposit by supplier distinguished from sale
44-1616 Possession of marked articles without written consent as evidence of unlawful use
44-1617 Violation; classification
Article 3 Pawnbrokers
44-1621 Definitions
44-1622 Pawn tickets; requirements
44-1623 Sale of pledged goods
44-1624 Pawn transactions; reportable transactions
44-1625 Report to sheriff
44-1626 Interest; fees; payment
44-1627 Licensing; requirements
44-1628 Revocation and suspension
44-1629 Fees; penalty
44-1630 False representation
44-1631 Violations; classifications
44-1632 Pawnshop hours; city or town ordinance
Article 3.1 Scrap Metal Dealers
44-1641 Definitions
44-1642 Records of purchase
44-1643 Violation; classification
44-1644 Report to law enforcement agencies; exemption; violation;  classification
44-1645 Applicability; state preemption
44-1646 Burned metallic wire; transaction restrictions
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
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
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; exemption
44-1798.01 Sales representative contract
44-1798.02 Termination of sales representative contract; payment of earned commissions
44-1798.03 Wages and commission
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
44-1799.41 Heavy equipment rental agreements; requirements; definition
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
Article 10 Denial, Revocation or Suspension of Registration as Dealer or Salesman
44-1961 Grounds for denial, revocation or suspension of dealer registration; administrative remedies
44-1962 Grounds for denial, revocation or suspension of registration of salesman; administrative remedies
44-1963 Entry of order of denial, revocation or suspension
44-1964 Temporary suspension orders
Article 11 Hearings
44-1971 Initiation of hearing; purpose of hearing
44-1972 Notice of and opportunity for hearing; time of hearing
44-1973 Conduct of hearing
44-1974 Rehearings
Article 12 Appeals
44-1981 Judicial review
Article 13 Fraudulent Practices
44-1991 Fraud in purchase or sale of securities
44-1992 Filing of misleading information with commission
44-1993 Misrepresentation of effect of registration of securities
44-1994 Misrepresentation of effect of registration of dealers or salesmen
44-1995 Violation; classification
44-1996 Prohibition of referral fees
44-1997 False registration statement; liability
44-1998 Offers and sales; liability
44-1999 Controlling persons; liability
44-2000 Contrary stipulations void
Article 14 Civil Remedies and Liabilities
44-2001 Voidable sale or contract for sale of securities; remedy
44-2002 Remedy for voidable purchases
44-2003 Joint and several liability; proportionate liability; determination of responsibility; uncollectible share; settlement discharge; limitation on actions; definitions
44-2004 Limitation of civil actions
44-2005 Remedy not exclusive
Article 15 Conservators and Receivers
44-2011 Petition for appointment of conservator or receiver
44-2012 Complaint; contents
44-2013 Preliminary injunction; appointment of temporary conservator or receiver
44-2014 Permanent injunction; permanent conservator or receiver
44-2015 Conservator; bond; powers and duties
44-2016 Duration of appointment of conservator; distributing assets; winding up affairs of violator
44-2017 Compensation of conservators and other personnel
Article 16 Enforcement
44-2031 Jurisdiction and venue of offenses and actions; joinder of spouse
44-2032 Cease and desist orders; civil penalty; injunctions; civil restitution; prosecutions for violations
44-2033 Burden of proof of exemptions
44-2034 Evidence of registration or notice filing; lack of registration or notice filing
44-2035 Evidence of record of proceedings
44-2036 Administrative penalty
44-2037 Civil penalties
44-2038 Costs recoverable
44-2039 Securities regulatory and enforcement fund; purpose
44-2040 Violation; classification
44-2041 Continuance of prior law for certain purposes
44-2042 Confidentiality
Article 17 Capital Markets
44-2051 Advancement of economic development and capital formation
44-2052 Exchange operation; commission rules
44-2053 Limitation on liability
44-2054 Loans from the commerce and economic development commission fund; repayment; allocation
44-2055 Securities public reference rooms
44-2056 Free trade
Article 18 Private Securities Litigation
44-2081 Private securities class action litigation
44-2082 Requirements for securities fraud actions involving misleading statements or omissions
44-2083 Sanctions for abusive litigation
44-2084 Right to written interrogatories
44-2085 Limitation on damages; definition
44-2086 Attorney fees paid from disgorgement monies; prohibition
44-2087 Application of safe harbor for forwardlooking 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 closedend companies
Chapter 15 HOME SOLICITATIONS AND REFERRAL SALES
Article 1 In General
44-5001 Definitions
44-5002 Cancellation period; method of cancellation; intent; waiver void
44-5003 Referral sales, rebate or discount violations
44-5004 Agreement requirements
44-5005 Transfer
44-5006 Time limitation; disposition of goods
44-5007 Buyer responsibility; services
44-5008 Violation; classification
Chapter 16 RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES
Article 1 In General
44-5501 Restrictions
Chapter 17 RETAIL INSTALLMENT SALES TRANSACTIONS
Article 1 In General
44-6001 Definitions
44-6002 Retail installment contracts; retail charge account agreements; definitions
44-6004 Assignment or transfers
44-6005 Periodic statements required
44-6006 Violation; bar to recovery
Chapter 18 FOREIGN TRADE ZONES
Article 1 In General
44-6501 Authorization to apply for foreign trade zone
Chapter 19 SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
Article 1 General Provisions
44-6551 Definitions
44-6552 Charitable organizations; registration; violation; classification
44-6553 Exemptions
44-6554 Contracted fund raisers; registration, reregistration, contract and disclosure requirements
44-6555 Solicitation disclosure requirements; written confirmation
44-6556 Public records
44-6557 Fiscal records; inspection; retention
44-6558 Exchange of information with other states
44-6559 Rules
44-6560 Substitute service on secretary of state
44-6561 Unlawful acts or practices; violation; classification; civil penalty
Chapter 20 EQUIPMENT DEALERS
Article 1 General Provisions
44-6701 Definitions
44-6702 Prohibited acts of supplier
44-6703 Dealer agreements; cancellation
44-6704 Surplus parts inventory; credits
44-6705 Cancellation of dealer agreement; repurchase
44-6706 Repurchase; title; security interest
44-6707 Death of equipment dealer; definition
44-6708 Cause of action; remedies
44-6709 Current agreements; effect of law; void provisions
Chapter 21 INVESTMENT PENSION FUNDS
Article 1 General Provisions
44-6751 Investment of pension funds
Chapter 22 RENTAL-PURCHASE AGREEMENTS
Article 1 General Provisions
44-6801 Definitions
44-6802 Applicability
44-6803 General requirements of disclosure
44-6804 Disclosures
44-6805 Prohibited rental-purchase agreement terms; practices
44-6806 Collection practices
44-6807 Reinstatement
44-6808 Receipts
44-6809 Renegotiations
44-6810 Advertising
44-6811 Enforcement; penalties
44-6812 Lessor's defenses; definition
44-6813 Assignment of a rental-purchase agreement
44-6814 Notices
Chapter 23 DISHONORED CHECK FEES
Article 1 General Provisions
44-6851 Definitions
44-6852 Dishonored checks; service fee
Chapter 24 MUSIC LICENSING PRACTICES
Article 1 General Provisions
44-6901 Definitions
44-6902 Applicability
44-6903 Performing rights society; lists; access; electronic address; toll free telephone number
44-6904 Notification of rights
44-6905 Contract requirements
44-6906 Prohibited acts
44-6907 Damages; injunctive relief; attorney fees
Chapter 25 SENIOR RESIDENTIAL ENTRANCE FEE CONTRACTS
Article 1 General Provisions
44-6951 Definitions
44-6952 Senior residential entrance fee contracts; provider registration; registration fee
44-6953 Maintaining valid registration
44-6954 Senior residential entrance fee contracts; offer; rescission; disclosure
Chapter 26 ELECTRONIC TRANSACTIONS
Article 1 General Provisions
44-7001 Short title
44-7002 Definitions
44-7003 Scope
44-7004 Prospective application
44-7005 Use of electronic records and signatures; variation by agreement
44-7006 Construction; application
44-7007 Legal recognition of electronic records, signatures and contracts
44-7008 Provision of information in writing; presentation of records
44-7009 Attribution and effect of electronic record and signature
44-7010 Effect of change or error
44-7011 Notarization; acknowledgment
44-7012 Electronic records retention; originals
44-7013 Admissibility in evidence
44-7014 Automated transaction contracts
44-7015 Time and place of sending and receipt
44-7016 Transferable records; definition
Article 2 Secure Electronic Records and Signatures
44-7031 Secure electronic signatures
44-7032 Secure electronic records
44-7033 Presumptions
44-7034 Electronic notarization; acknowledgment
Article 3 Governmental Electronic Records
44-7041 Creation; retention; conversion of written records
44-7042 Sending and accepting electronic records
44-7043 Interoperability
Article 4 Miscellaneous Provisions
44-7051 Consumer protection
Chapter 27 TOBACCO PRODUCT MANUFACTURERS ESCROW ACCOUNTS
Article 1 Model Statutes
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
44-7201 Definitions
44-7202 Prohibition
44-7203 Civil remedies; damages
44-7204 Violation; classification
44-7301 Definitions
44-7302 Prohibited activities; applicability
44-7303 Statewide concern; preemption
44-7304 Civil remedies; damages
44-7401 Definitions
44-7402 Gift card fees; expiration date; disclosure; exceptions; civil penalty

Richard Keyt is a business, transactions, contracts, real estate, estate planning and internet law attorney licensed to practice law in Arizona.  He has provided legal services to businesses and people in Arizona since 1980.  Formerly a partner at one of the largest law firms in Arizona, Rick now provides big firm quality legal services at small firm rates.  Rick can be reached by telephone at 602-906-4953, ext. 3, email at  rickkeyt@keytlaw.com and fax at 602-297-6890.  Rick's Arizona law, internet, e-commerce and domain name law web site is KEYTLaw, located at www.keytlaw.com.  Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.

KEYTLaw does not guaranty that the Arizona Revised Statutes displayed on www.keytlaw.com are current or complete versions of Arizona statutory law.  The statutory information is furnished "as is" and it may not include the current version of the law or new Arizona statutes.  See the Arizona State Legislature's web site for more information about the most recent version of Arizona statutes.

 

 

This page was last modified on May 27, 2009.

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