Arizona Revised Statutes Title 44 - Trade And Commerce
Chapter 1 CONTRACTS
Article 1 Statute of Frauds
- § 44-101 Statute Of Frauds
No action shall be brought in any court in the following cases unless the promise or agreement upon which the action is brought, or...
Article 2 Consideration
Article 3 Capacity to Contract
- § 44-131 Capacity Of Minor Veterans And Married Minors
A. A veteran who is entitled to benefits under the servicemen's readjustment act of 1944 (P.L. 78-346; 58 Stat. 284), or the spouse of...
- § 44-132 Capacity Of Minor To Obtain Hospital, Medical And Surgical Care; Definition
A. Notwithstanding any other provision of law except as provided in title 36, chapter 20, article 1, and without limiting cases in which consent...
- § 44-132.01 Capacity Of Minor To Obtain Treatment For Venereal Disease Without Consent Of Parent
Notwithstanding any other provision of the law, a minor who may have contracted a venereal disease may give consent to the furnishing of hospital...
- § 44-133 Emergency Consent For Hospital Care, Medical Attention Or Surgery By Person In Loco Parentis
Notwithstanding any other provision of the law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or...
- § 44-133.01 Capacity Of Minor To Consent To Treatment For Use Of A Dangerous Drug Or Narcotic
Notwithstanding any other law, any minor who is at least twelve years of age who is found, upon diagnosis of a licensed physician or...
- § 44-134 Capacity For Blood Donation
A. Notwithstanding any other law, a person who is at least eighteen years of age and who is otherwise competent may consent to the...
Article 3.1 Model Minor Student Capacity to Borrow Act
- § 44-140 Definitions
In this article, unless the context otherwise requires: 1. " Educational institution" means a university, college, community college, junior college, high school, technical, vocational...
- § 44-140.01 Educational Loan; Enforceable; Prerequisites
Any written obligation signed by a minor sixteen or more years of age in consideration of an educational loan received by him from any...
Article 4 Liability of Parties
Article 5 European Currency
Chapter 2 MOTOR VEHICLE TIME SALES DISCLOSURE ACT
Article 1 In General
- § 44-281 Definitions
In this article, unless the context otherwise requires: 1. " Administrator" means the superintendent of financial institutions. 2. " Cash sale price" means the...
- § 44-282 Licensing Of Sales Finance Companies And Dealers Required; Penalty
A. No person shall engage in the business of a sales finance company in this state without a license therefor as provided in this...
- § 44-283 Denial, Suspension Or Revocation Of Licenses
A. The administrator may deny a license applied for under this chapter or suspend or revoke a license issued under this chapter on any...
- § 44-286 Requirements And Prohibitions As To Retail Installment Contracts
A. A retail installment contract shall be in writing, shall be signed by both the buyer and the seller and shall be completed as...
- § 44-287 Contents Of Contract
A. The contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or place...
- § 44-288 Insurance Provisions Of Contract
A. The amount, if any, included for insurance, which may be purchased by the holder of the retail installment contract, shall not exceed the...
- § 44-289 Delinquent Contract; Recovery; Transfer Fees; Blank Spaces In Contract
A. If the contract or refinancing agreement so provides, the holder may, as to any delinquent contract, recover one or more of the following:...
- § 44-290 Amount Of Payments; Waiver Of Remedies
A. Upon written request from the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement...
- § 44-291 Computation Of Interest; Prepayment Rebate; Additional Charges; Secondary Motor Vehicle Finance Transaction; Definitions
A. Except as provided in subsections G and H of this section, under a retail installment contract it is lawful to charge and receive...
- § 44-293 Motor Vehicle; Refinancing Retail Installment Contract
A. The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any...
- § 44-294 Records
Every dealer, holder, or sales finance company shall maintain in its office, for a period of not less than one year after date of...
- § 44-295 Penalties
Any person wilfully violating any provision of this chapter relating to the provisions of a contract shall not receive or retain any finance, delinquency...
Chapter 3 REVISED ARIZONA UNCLAIMED PROPERTY ACT
Article 1 General Provisions
- § 44-301 Definitions
In this chapter, unless the context otherwise requires: 1. " Apparent owner" means a person whose name appears on the records of a holder...
- § 44-302 Presumptions Of Abandonment
A. Property is presumed abandoned if it is unclaimed by the apparent owner according to the following schedule: 1. A traveler's check is presumed...
- § 44-303 Contents Of Safe Deposit Box Or Other Safekeeping Depository
Tangible property that is held in a safe deposit box or any other safekeeping depository in this state in the ordinary course of the...
- § 44-304 Rules For Taking Custody
Except as otherwise provided in this chapter or by another statute of this state, property that is presumed abandoned, whether located in this or...
- § 44-305 Dormancy Charge
A holder, except an agency of this state, may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to...
- § 44-306 Burden Of Proof As To Property Evidenced By Record Of Check Or Draft
A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a...
- § 44-307 Report Of Abandoned Property
A. A holder of property that is presumed abandoned shall make a report to the department concerning the property. B. The report shall be...
- § 44-308 Payment Or Delivery Of Abandoned Property
A. On filing the report prescribed in section 44-307, the holder of property that is presumed abandoned shall pay, deliver or cause to be...
- § 44-309 Notice And Publication Of Abandoned Property
A. The department shall publish a notice at least semiannually with a toll free telephone number and directing the public to the department's web...
- § 44-310 Custody By State; Recovery By Holder; Defense Of Holder
A. On payment or delivery of property to the department, the state assumes custody and responsibility for the safekeeping of the property. A holder...
- § 44-311 Crediting Of Owner's Account; Interest
A. A holder shall not cease payment of interest on an interest bearing demand, savings or time deposit, including a deposit that is automatically...
- § 44-312 Public Sale Of Abandoned Property
A. Except as otherwise provided in this section, within three years after receiving abandoned property the department shall sell the property to the highest...
- § 44-313 Deposit Of Monies
A. Except as otherwise provided in this section or section 44-314, the department shall deposit, pursuant to sections 35-146 and 35-147, in the state...
- § 44-314 Federal Deposit Insurance Corporation Trust Fund; Temporary Custody; Interest
A. The federal deposit insurance corporation trust fund is established consisting of monies the department receives from the federal deposit insurance corporation under the...
- § 44-315 Confidentiality; Violation; Classification; Definitions
A. The department may disclose confidential information relating to an item of property to the claimant or relating to reports of abandoned property to...
- § 44-316 Claim Of Another State To Recover Property
A. After property has been paid or delivered to the department pursuant to this chapter, another state may recover the property if any of...
- § 44-317 Filing Claim With Department
A. Any person, excluding another state, who claims property that was paid or delivered to the department may file a claim on a form...
- § 44-318 Action To Establish Claim; Attorney Fees
A person who is aggrieved by a decision of the department, or whose claim has not been decided within ninety days after filing the...
- § 44-319 Election To Take Payment Or Delivery
A. The department may decline to receive property that is reported under this chapter and that the department considers to have a value of...
- § 44-320 Destruction Or Disposition Of Property Having No Substantial Commercial Value; Immunity From Liability
If the department determines after investigation that property delivered pursuant to this chapter has no substantial commercial value, the department may destroy or otherwise...
- § 44-321 Periods Of Limitation
A. The expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute or court...
- § 44-322 Requests For Reports; Examination Of Records
A. The department may require any person who has not filed a report or any person who the department believes has filed an inaccurate,...
- § 44-323 Retention Of Records
A. A holder that is required to file a report pursuant to section 44-307 shall maintain the records that contain the information required to...
- § 44-324 Enforcement
The department may request the attorney general to commence an action in the superior court to enforce this chapter, and, if applicable, the department...
- § 44-325 Interstate Agreements And Cooperation; Joint And Reciprocal Actions With Other States
A. The department may enter into an agreement with another state to exchange information relating to abandoned property or the possible existence of abandoned...
- § 44-326 Interest; Penalties
A. The department may require any person who fails to pay or deliver property within the time prescribed in this chapter to pay to...
- § 44-327 Agreement To Locate Property
A. The following are void and unenforceable: 1. An agreement entered into by an owner with another person if the primary purpose of that...
- § 44-328 Foreign Transactions
This chapter does not apply to property that is held, due and owing in a foreign country and that arises out of a foreign
- § 44-329 Transitional Provisions
A. An initial report filed pursuant to this chapter for property that was not required to be reported before the effective date of this...
- § 44-330 Rules
The department may adopt rules pursuant to title 41, chapter 6 to carry out this chapter.
- § 44-331 Uniformity Of Application And Construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this...
- § 44-332 Arizona Unclaimed Property Assistance Office; Unclaimed Property Problem Resolution Officer; Duties; Program Termination
A. The Arizona unclaimed property assistance office is established as an office in the department. The director shall select the employees of the office...
- § 44-333 Erroneous Advice Or Misleading Statements By The Department; Abatement Of Penalties And Interest; Definitions
A. The department shall not require interest or a penalty on unclaimed property demanded as a deficiency if either: 1. The deficiency is directly...
- § 44-334 Basis For Evaluating Employee Performance
A. The department shall establish procedures to monitor the performance of department employees that include, if applicable, using evaluations obtained from holders. B. The...
- § 44-335 No Additional Audits Or Proposed Increased Demands; Exceptions
A. When the department completes an audit and a final examination report has been completely determined under this title, the holder's liability for the...
- § 44-336 Private Holder Rulings; Holder Information Rulings; Request; Revocation Or Modification; Definitions
A. The department may issue private holder rulings to unclaimed property holders and potential unclaimed property holders on request. Each request shall be in...
- § 44-337 Abatement Of Interest For Errors Or Delays Caused By The Department
A. The director may abate all or part of interest accrued on: 1. An unclaimed property deficiency due to any unreasonable error or delay...
- § 44-338 Appeal Of Determination Of Amounts Due
A. A determination by the department under section 44-322 that any unclaimed property is reportable, or a demand for interest or penalties, constitutes an...
- § 44-339 Signatures For Documents; Alternative Methods; Definition
The department may prescribe by administrative rule alternative methods for signing, subscribing or verifying any report or claim required or permitted to be filed...
Chapter 3 UNCLAIMED PROPERTY IN MUSEUMS
Article 1 In General
Chapter 4 UNIFORM TRADE SECRETS ACT
Article 1 General Provisions
- § 44-401 Definitions
In this chapter, unless the context otherwise requires: 1. " Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a...
- § 44-402 Injunctive Relief
A. Actual or threatened misappropriation may be enjoined. On application to the court, the court shall terminate an injunction if the trade secret has...
- § 44-403 Damages
A. Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a...
- § 44-404 Attorney Fees
The court may award reasonable attorney fees to the prevailing party for any of the following: 1. A claim of misappropriation made in bad...
- § 44-405 Preservation Of Secrecy; Definition
A. In an action under this chapter or section 13-1802 or 13-2316.02 a court shall preserve the secrecy of an alleged trade secret by...
- § 44-406 Statute Of Limitations
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have...
- § 44-407 Effect On Other Laws
A. Except as provided in subsection B, this chapter displaces conflicting tort, restitutionary and other laws of this state providing civil remedies for misappropriation...
Chapter 8 TRANSACTIONS AND TRANSFERS AFFECTING THE INTEREST OF CREDITORS
Article 1 Uniform Fraudulent Transfer Act
- § 44-1001 Definitions
In this article, unless the context otherwise requires: 1. " Asset" means property of a debtor, but asset does not include any of the...
- § 44-1002 Insolvency
A. A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation....
- § 44-1003 Value
A. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent...
- § 44-1004 Transfers Fraudulent As To Present And Future Creditors
A. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after...
- § 44-1005 Transfers Fraudulent As To Present Creditors
A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or...
- § 44-1006 When Transfer Is Made Or Obligation Is Incurred
For the purposes of this article: 1. A transfer is made: (a) With respect to an asset that is real property other than a...
- § 44-1007 Remedies Of Creditors
A. In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in sections 44-1008 and...
- § 44-1008 Defenses, Liability And Protection Of Transferee
A. A transfer or obligation is not voidable under section 44-1004, subsection A, paragraph 1 against a person who took in good faith and...
- § 44-1009 Extinguishment Of Claim For Relief
A claim for relief with respect to a fraudulent transfer or obligation under this article is extinguished unless an action is brought: 1. Under...
- § 44-1010 Supplementary Provisions
Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal...
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
A. Every assignment made by an insolvent debtor, or in contemplation of insolvency, for the benefit of his creditors, shall provide, except as otherwise...
- § 44-1032 Assignment For The Benefit Of Consenting Creditors; Effect; Execution Of Release By Creditors
Any debtor desiring to do so may make an assignment for the benefit of such of his creditors only as will consent to accept...
- § 44-1033 Filing Of Assignment; Accompanying Inventory Of Property And Indebtedness Required; Docketing Of Assignment By Clerk
A. The debtor shall forthwith file with the clerk of the superior court of the county where the principal place of business of the...
- § 44-1034 Recording Of Deed Of Assignment By Assignee; Bond Of Assignee; Recording; Actions Upon Bond; Duty Of Assignee To Execute Assignment
A. The assignee shall forthwith, after execution and delivery of the deed of assignment, record it as provided in this article, and execute a...
- § 44-1035 Notice Of Appointment Of Assignee; Publication
The assignee shall, within thirty days after recording the assignment, give public notice of his appointment in some newspaper printed in the county where...
- § 44-1036 Powers Of Court With Respect To Assignee; Removal Of Assignee; Appointment Of Assignee To Fill Vacancy
A. The relationship of the court having jurisdiction of the insolvent estate and the assignee for the benefit of creditors shall be governed by...
- § 44-1037 Notice By Creditors Of Consent To Assignment; Receipt By Creditor Of Portion Of Claim As Consent
Creditors consenting to the assignment shall give the assignee written notice of consent within four months after publication of the notice required under section...
- § 44-1038 Filing Of Statement Of Claim By Creditors
Every creditor, consenting to an assignment, shall, within six months from the time of the first publication of the notice of appointment of the...
- § 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
A. The statement of a creditor, verified and filed with the assignee as provided in section 44-1038, shall justify the assignee in allowing the...
- § 44-1040 Discount Of Claims Allowed But Not Due; Amount Payable On Claim Secured By Collateral In Possession Of Creditor
Claims not due may be allowed at their present value by discounting them at the rate of interest mentioned in the contract, if any,...
- § 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
All property conveyed or transferred by the assignor previous to and in contemplation of the assignment with the intent or design to defeat, delay...
- § 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
A. No assignment shall be declared fraudulent or void for lack of an inventory or list as required under the provisions of this article,...
- § 44-1043 Attempted Preference Of Creditor Void
Any attempted preference, in the assignment, of one creditor or creditors of the assignor, is fraudulent and without effect.
- § 44-1044 Garnishment Of Assignee By Nonconsenting Creditor
A creditor, not consenting to the assignment, may proceed by garnishment against the assignee for the excess of property remaining in his hands after...
- § 44-1045 Distribution To Creditors; Compensation And Expenses Allowed Assignee
A. When an assignee has in his possession funds of the estate of the assignor in an amount sufficient to pay ten per cent...
- § 44-1046 Final Report By Assignee; Hearing; Discharge Of Assignee; Disposition Of Funds In Estate At Final Settlement
A. When the assignee has fully performed the duties of his trust and desires to be finally discharged therefrom, he shall make a report...
- § 44-1047 Fraudulent Transactions By Assignor; Classification
A. A person who makes an assignment for the benefit of creditors is guilty of a crime punishable as prescribed in subsection B, if...
Article 4 Sale or Assignment of Chattels Unaccompanied by Change of Possession
Chapter 9 TRADE PRACTICES GENERALLY
Article 1 Miscellaneous Provisions Relating to Loans
- § 44-1201 Rate Of Interest For Loan Or Indebtedness; Interest On Judgments
A. Interest on any loan, indebtedness or other obligation shall be at the rate of ten per cent per annum, unless a different rate...
- § 44-1202 Forfeiture Of All Interest Upon Obligation Involving Interest Exceeding The Maximum Amount Set By Contract
A person shall not directly or indirectly take or receive in money, goods or things in action, or in any other way, any greater...
- § 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
Where a rate of interest greater than the maximum permitted by law is contracted for, reserved or received, directly or indirectly, all payments of...
- § 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
In an action to recover on an obligation whereby there is contracted for, reserved or taken, a greater rate of interest than the maximum...
- § 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
A. The following apply to closed end loans, other than closed end loans subject to title 6, chapter 5, in which the principal amount...
- § 44-1206 Effect Of Obligations Insured Or Guaranteed By The United States
No law requiring security upon which loans may be made, prescribing the nature, amount or form of such security, prescribing or limiting interest rates...
- § 44-1207 Interest On Lawful Charge, Fee, Cost Or Expense
Any lawful charge, fee, cost or expense paid by or due to a lender on behalf of a borrower, with his consent, may be...
- § 44-1208 Loans Secured By Real Estate; Prohibited Practices; Insurance
Except for consumer lender loans regulated pursuant to section 6-636, for any loan that is secured by real property, a person shall not require...
Article 2 Miscellaneous Fraudulent Practices
- § 44-1211 Fraudulent Conveyance Or Other Transaction With Intent To Defraud Others Or Defeat Creditors; Classification
A person is guilty of a class 2 misdemeanor who: 1. Is a party to any fraudulent conveyance of any lands, tenements or hereditaments,...
- § 44-1212 False Report To Principal By Agent; Classification
A commission merchant, broker, agent, factor or consignee who knowingly and with intent to defraud makes to his principal or consignor a false statement...
- § 44-1213 Issuance Of Get Rich Quick Contract Prohibited; Classification
A person is guilty of a class 2 misdemeanor who issues any contract: 1. Providing for its redemption or fulfillment from contributions made by...
- § 44-1214 Increase Of Weight Of Goods Sold In Container; Classification
A person who, in putting up in a bag, bale, barrel or other package any hops, cotton, wool, grain, hay or other commodities usually...
- § 44-1215 Salting Gold Or Silver Ore To Defraud; Classification
A person who mingles with a sample of gold or silver bearing ore, any metal or substance whatever which will in any manner change...
- § 44-1216 Fraud On Seller Of Ore; Classification
A person or the agent of any person engaged in milling, smelting, sampling, concentrating, reducing, shipping or purchasing ores in this state, who in...
- § 44-1217 Fraud On Creditors By Removal, Sale Or Concealment Of Property; Classification
A debtor who fraudulently removes his property or effects from the state, or fraudulently sells, conveys, assigns or conceals his property, with intent to...
- § 44-1218 Fraudulent Or Mock Auction; Classification; Forfeiture Of License And Disqualification Of Auctioneer
A. A person who obtains money or property from another, or obtains the signature of another to a written instrument, the false making of...
- § 44-1219 Sale, Removal Or Concealment Of Encumbered Property; Classification
A. It is unlawful for a person who has mortgaged personal property to another, or who has possession of personal property under a contract...
- § 44-1220 Fraudulent Insurance Claim; Classification
A person who presents a false or fraudulent claim or proof in support of such claim, upon a contract of insurance for payment of...
- § 44-1220.01 Fraudulent Fire Insurance Application Or Claim; Classification
A person who knowingly provides false or fraudulent material information to or withholds material information from an insurance producer on an application for fire...
- § 44-1221 Deceptive Use Of Name; Classification; Attorney General
A. It is unlawful for a person to deceive another person by misrepresenting the geographical origin or location of the person's business in the...
- § 44-1222 Unordered Merchandise
A. If unsolicited goods are delivered by mail or common carrier to a person, such person may refuse to accept delivery of the goods...
- § 44-1223 Fraudulent Practices Relating To Motor Vehicle Odometers; Classification
A. It is unlawful for any person to: 1. Advertise for sale, sell, use or install any device which causes the odometer of a...
- § 44-1224 Law Enforcement, Firefighting Or Emergency Medical Services Products; Sales; Certification
A. It is an unlawful practice pursuant to section 44-1522 for any person to sell or offer to sell any product, not including firearms,...
Article 2.1 Fraudulent Practices in the Sale of Indian Arts and Crafts
Article 2.2 Registration of Fictitious Names
Article 3 Fraudulent Practices in Sale of Petroleum Products
- § 44-1241 Fraudulent Sales
A. It is unlawful for any person to sell, attempt to sell, offer for sale or participate or assist in the sale of any...
- § 44-1242 Sale Under Own Trademark Or Brand; Authority Of Manufacturer
This article shall not prohibit any person from selling under his own trademarks, trade names, brands, or the words " no brand" , the...
- § 44-1243 Mixtures
A. It is unlawful for any person or corporation to mix or adulterate any gasoline or different grades of gasoline or other motor fuel,...
- § 44-1244 Storage; Container Previously Used For Different Product
It is unlawful for any person to place, store or keep, or cause or permit to be placed, stored or kept, for the purpose...
- § 44-1245 Violations; Continuing Violations; Classification
A. A person who violates any provision of this article is guilty of a class 2 misdemeanor. B. A person is guilty of a...
Article 4 Beverage Containers
Article 5 Motor Vehicle Warranties
Article 6 Telephone Solicitations
- § 44-1271 Definitions
In this article, unless the context otherwise requires: 1. " Business opportunity" : (a) Means the sale or lease, or offer for sale or...
- § 44-1272 Telephone Seller; Registration; Business Opportunities; Late Filing Penalty
A. A seller shall file a verified registration statement with the secretary of state before the seller solicits any consumer from a location in...
- § 44-1272.01 Limited Registration; Penalty; Violation; Classification
A. Any seller who is listed in section 44-1273, subsection B shall file with the secretary of state a limited registration statement on a...
- § 44-1273 Limited Exemptions
A. The following sellers are not required to register and, except for section 44-1278, subsection B and section 44-1282, are exempt from this article:...
- § 44-1274 Bond; Amount; Filing; Beneficiaries; Cancellation
A. A seller shall maintain a bond of one hundred thousand dollars issued by a surety company duly authorized to do business in this...
- § 44-1275 Fees
A. The secretary of state shall set the annual fee for registration which shall not exceed five hundred dollars. B. The secretary of state...
- § 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
A. Before beginning the solicitation or sales presentation over the telephone, the seller or solicitor shall disclose to the consumer: 1. The complete street...
- § 44-1276.01 Business Opportunities; Disclosure To Consumer
A. A seller who offers or sells a business opportunity and who is required to file a registration statement pursuant to section 44-1272 shall...
- § 44-1276.02 Business Opportunity Contracts In Writing; Required Information
A. A business opportunity contract or agreement shall be in writing and shall be given to the consumer with the disclosure document required under...
- § 44-1276.03 Business Opportunity Contract Cancellation
A consumer may cancel a business opportunity contract or agreement with a seller for any reason at any time within ten business days after...
- § 44-1277 Violation; Classification
A. Except as provided in section 44-1273, it is unlawful for a seller to engage in a telephone solicitation unless the seller is registered...
- § 44-1278 Unlawful Practice; Powers Of Attorney General; Cumulative Remedies
A. It is an unlawful practice pursuant to section 44-1522 for a seller or solicitor or anyone acting on their behalf to make or...
- § 44-1279 Civil Remedies
A consumer may rescind a sale by an unregistered seller at any time. The consumer may recover any purchase monies paid to the unregistered...
- § 44-1280 Subpoena; Failure To Supply Information Or Obey Subpoena; Confidentiality Of Information; Violation; Classification
A. The county attorney or attorney general, in addition to other powers conferred on him by this article, may issue and serve in the...
- § 44-1281 Duties Of Secretary Of State
The secretary of state shall: 1. Prescribe and publish the forms and adopt the rules necessary to carry out this article. 2. Refer to...
- § 44-1282 Intrastate Telemarketing; Prohibitions; Enforcement; Civil Penalty; Definition
A. A seller or solicitor or anyone acting on behalf of a seller or solicitor shall not initiate an intrastate telephone solicitation to a...
Article 7 Aftermarket Crash Parts
- § 44-1291 Definitions
In this article, unless the context otherwise requires: 1. " Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or...
- § 44-1292 Identification Of Aftermarket Crash Part
A nonoriginal equipment manufacturer that supplies an aftermarket crash part for use in this state shall affix to the part or inscribe on the...
- § 44-1293 Disclosure On Use Of Aftermarket Crash Part
A motor vehicle repair facility or motor vehicle parts installer shall not use a nonoriginal equipment manufacturer aftermarket crash part to repair a vehicle...
- § 44-1294 Enforcement
Violation of this article is declared to be an unlawful practice and is subject to all of the penalties and enforcement procedures provided in...
Article 8 Waste Tire Disposal
- § 44-1301 Definitions
In this article, unless the context otherwise requires: 1. " Motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination...
- § 44-1302 Sale Of New Tires; Fees; Acceptance Of Waste Tires; Notice; Definition
(Rpld. 1/1/18) A. A retail seller of new motor vehicle tires shall collect a fee of two per cent of the purchase price for...
- § 44-1303 Waste Tire Collection Sites; Registration
A. An owner or operator of a waste tire collection site, within six months after September 27, 1990, shall register with the department of...
- § 44-1304 Disposal Of Waste Tires
A. The disposal of waste tires in landfills and the incineration of those tires is prohibited, except as provided in subsection C or D...
- § 44-1304.01 Storage, Disposal, Discard Or Abandonment Of Used Motor Vehicle Tires; Registration Fees; Violation; Classification; Exception
A. It is unlawful to store one hundred or more used motor vehicle tires outdoors as follows: 1. In any fashion that exceeds twenty...
- § 44-1305 Waste Tire Fund And Program
(Rpld. 1/1/18) A. A waste tire fund is established to be administered by the department of revenue consisting of monies collected from the fees...
- § 44-1306 Department Of Environmental Quality; Rules; Annual County Report To The Department
A. The department of environmental quality shall adopt and enforce rules to carry out the provisions of this article. B. Each county shall report...
- § 44-1307 Civil Penalties; Environmental Nuisance
Unless otherwise provided, a person who violates a provision of this article, or any rule adopted by the director pursuant to this article, is...
Article 9 Sale and Disposal of Batteries
Article 10 Medical Sharps
Article 11 Assistive Device Warranties
- § 44-1351 Definitions
In this article, unless the context otherwise requires: 1. " Assistive device" means any device, including a demonstrator, that a consumer purchases or accepts...
- § 44-1352 New Assistive Device; Nonconformity; Reasonable Attempt To Make A Repair; Reasonable Allowance; Options
A. Except as provided in subsection B of this section, a manufacturer who sells an assistive device to a consumer, directly or through an...
- § 44-1353 Replacement Of Assistive Device; Refund Of Monies; Transfer Of Possession; Limitations; Disclosure
A. A consumer, as defined in section 44-1351, paragraph 5, subdivision (a), (b) or (c), shall notify the manufacturer of a nonconformity. Within thirty...
- § 44-1354 Assistive Device Dealers; Lessors; Notice
At the time the consumer takes possession of the assistive device, the assistive device dealer or assistive device lessor shall give the consumer the...
- § 44-1355 Exemption; Waiver Of Rights; Action To Recover Damages; Attorney Fees
A. An assistive device dealer is not liable to a manufacturer for a refund if the assistive device dealer makes a repair in a...
Article 12 Check Cashers
Article 13 Consumer Service Fees
Article 14 Credit Card Transaction Receipts
Article 15 Motor Vehicle Transactions
Article 16 Commercial Electronic Mail
Article 17 Confidentiality of Personal Identifying Information
Article 18 Confidentiality of Petroleum Industry Information
Article 19 Appliances and Equipment Energy Efficiency Standards
- § 44-1375 Definitions
In this article, unless the context otherwise requires: 1. " Automatic commercial icemaker" means a factory made assembly that is shipped in one or...
- § 44-1375.01 Applicability
A. This article applies to the following types of new products sold, offered for sale or installed in this state: 1. Automatic commercial icemakers....
- § 44-1375.02 Standards
A. Except as provided in subsection C, the following standards apply beginning January 1, 2008: 1. Automatic commercial icemakers shall meet the requirements of...
- § 44-1375.03 Certification And Compliance; Violation; Civil Penalty
A. Except as provided in subsection B of this section, beginning January 1, 2008: 1. A person engages in a deceptive trade practice when,...
Article 20 Telephone, Utility and Communication Service Records
- § 44-1376 Definitions
In this article, unless the context otherwise requires: 1. " Communication service record" includes subscriber information, including name, billing or installation address, length of...
- § 44-1376.01 Unauthorized Or Fraudulent Procurement, Sale Or Receipt Prohibited; Procedures To Protect Against Disclosure
A. A person shall not do any of the following: 1. Knowingly procure, attempt to procure, solicit or conspire with another to procure a...
- § 44-1376.02 Application
A. This article does not prevent any action by a law enforcement agency or any officer, employee or agent of a law enforcement agency...
- § 44-1376.03 Unfair Or Deceptive Trade Practices
Any violation of this article is an unlawful act or practice pursuant to section 44-1522. The attorney general may investigate the act or practice...
- § 44-1376.04 Civil Causes Of Action
A. In a civil action, a customer whose communication service records, telephone records or public utility records were procured, sold or received in violation...
- § 44-1376.05 Violation; Classification
A person who violates this article is guilty of a class 1 misdemeanor and is subject to forfeiture of any personal property used or...
Article 21 Restocking Fees
Article 22 Foreclosure Consultants
- § 44-1378 Definitions
In this article, unless the context otherwise requires: 1. " Covered service" includes: (a) Financial counseling, including debt counseling and budget counseling to assist...
- § 44-1378.01 Applicability
A. This article does not apply to: 1. A person licensed to practice law in this state, while performing any activity related to the...
- § 44-1378.02 Prohibited Acts
A foreclosure consultant shall not: 1. Claim, demand, charge, collect or receive any compensation until after the foreclosure consultant has fully performed each covered...
- § 44-1378.03 Foreclosure Consulting Contract
A foreclosure consulting contract shall: 1. Be in writing and provided to and retained by the homeowner, without changes, alterations or modifications, for review...
- § 44-1378.04 Right Of Cancellation
A. In addition to any right of rescission available under state or federal law, a homeowner has the right to cancel a contract with...
- § 44-1378.05 Homeowner Action To Recover Damages
A. A homeowner who is injured as a result of a foreclosure consultant's violation of this article may bring an action against the foreclosure...
- § 44-1378.06 Fraud Or Deceit Against Homeowner; Classification
A foreclosure consultant who engages in any conduct that constitutes fraud or deceit against a homeowner in connection with a transaction that is subject...
- § 44-1378.07 Enforcement
A. The attorney general or a county attorney may enforce the criminal provisions of this article. B. An act or practice in violation of...
- § 44-1378.08 Cumulative Nature Of Penalties
The rights, remedies and penalties provided pursuant to this article are cumulative and do not abrogate and are in addition to any other rights,...
Article 23 Transportation Service Contracts
Article 24 Retail Food Establishments
Article 25 Operator Service Providers
Chapter 10 COMPETITION AND COMPETITIVE PRACTICES
Article 1 Uniform State Antitrust Act
- § 44-1401 Definition
In this article, unless the context otherwise requires: " Person" means an individual, corporation, business trust, partnership, association or any other legal entity.
- § 44-1402 Contract, Combination Or Conspiracy To Restrain Or Monopolize Trade
A contract, combination or conspiracy between two or more persons in restraint of, or to monopolize, trade or commerce, any part of which is...
- § 44-1403 Establishment, Maintenance Or Use Of Monopoly
The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is...
- § 44-1404 Exclusions
A. Labor of a human being is not a commodity or an article of commerce. B. This article shall not be construed to forbid...
- § 44-1405 Judicial Jurisdiction
An action for violation of this article shall be brought in the superior court.
- § 44-1406 Investigation; Service Of Demand Sanctions; Confidentiality
A. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody or control of any...
- § 44-1407 Civil Penalty And Injunctive Enforcement
The attorney general or a county attorney with the permission or at the request of the attorney general may bring an action for appropriate...
- § 44-1408 Damages; Injunctive Relief
A. The state, a political subdivision or any public agency threatened with injury or injured in its business or property by a violation of...
- § 44-1409 Judgment As Prima Facie Evidence
A final judgment or decree determining that a person has violated this article in an action brought by the state under section 44-1407 or...
- § 44-1410 Limitations Of Actions
A. An action under section 44-1407 to recover a civil penalty is barred if it is not commenced within four years after the cause...
- § 44-1411 Remedies Cumulative
The remedies provided for in this article are cumulative.
- § 44-1412 Uniformity
This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this...
- § 44-1413 Short Title
This article may be cited as the uniform state antitrust act.
- § 44-1414 Order Compelling Testimony Or Production Of Evidence; Immunity; Contempt
A. In any proceeding or investigation under this article, if a person refuses to answer a question or produce evidence of any kind on...
- § 44-1415 Notice To Attorney General; Appearance
A. A person filing a complaint, counterclaim or answer for any violation of the provisions of this article shall simultaneously with the filing of...
- § 44-1416 Government Contract, Combination Or Conspiracy To Restrain Trade Or Commerce; Violation; Classification
A. A contract, combination or conspiracy in violation of section 44-1402 is per se unlawful if it involves: 1. A contract between a governmental...
Article 3 Registration and Protection of Trademarks and Service Marks
- § 44-1441 Definitions
A. In this article, unless the context otherwise requires: 1. " Applicant" means the person filing an application for registration of a mark under...
- § 44-1442 Registrability
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall...
- § 44-1443 Application For Registration
A. Subject to the limitations set forth in this article, any person who is domiciled in this state and who adopts and uses a...
- § 44-1443.01 Electronic Filing; Acceptance
A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that is approved by...
- § 44-1444 Certificate Of Registration; Admissibility As Evidence
A. Upon compliance by the applicant with the requirements of this article, the secretary of state shall cause a certificate of registration to be...
- § 44-1445 Duration Of Registration; Renewal Notice; Application And Fee
A. Registration of a mark under the provisions of this article shall be effective for a term of ten years from the date of...
- § 44-1446 Assignment Of Mark And Registration
Any mark and its registration under the provisions of this article shall be assignable with the goodwill of the business in which the mark...
- § 44-1447 Records
The secretary of state shall keep for public examination a record of all marks registered or renewed under this article.
- § 44-1448 Cancellation Of Registrations
The secretary of state shall cancel from the register: 1. Any registration concerning which the secretary of state receives a voluntary request for cancellation...
- § 44-1448.01 Injury To Business Reputation; Dilution
A. The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and on terms...
- § 44-1449 Classification Of Goods Or Services
A single application for registration of a mark may include all goods and services on which the mark is actually being used in one...
- § 44-1450 Fraudulent Registration; Damages
Any person who for himself, or on behalf of any other person, procures the filing or registration of any mark in the office of...
- § 44-1451 Remedies For Infringement
A. Subject to section 44-1452, the owner of a mark registered under this article may proceed by civil action against any person who, without...
- § 44-1452 Common Law Rights
Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at...
- § 44-1453 Counterfeit Marks; Violation; Classification; Presumption; Seizure; Forfeiture; Remedies; Definitions
A. Except as provided in subsections B, C and D of this section, a person who knowingly and with intent to sell or distribute...
- § 44-1455 Use Of Unauthorized Copy Of Computer Software; Violation; Classification
A person who knowingly uses, other than for personal, noncommercial use, an unauthorized copy of computer software that when used depicts, incorporates or displays...
- § 44-1456 Use Of Trademarked Container For Other Articles; Violation; Classification
A person who has or uses a cask, bottle, vessel, case, cover, label or other thing bearing or having in any way connected with...
Article 3.1 Trade Names
- § 44-1460 Registration Of Trade Name, Title Or Designation
A. Any person, partnership, corporation, firm, association, society, foundation, federation or organization doing business in this state, or any foreign corporation licensed to exercise...
- § 44-1460.01 Issuance Of Certificate; Restrictions
A. Upon compliance by the applicant with the requirements of this article the secretary of state shall issue a certificate of registration. The certificate...
- § 44-1460.02 Effective Term Of Registration; Renewal; Expiration Notice
A. Registration of a name, title or designation under the terms of this article is effective for a term of five years from the...
- § 44-1460.03 Assignment And Recording Of Rights
Any name, title or designation and its registration may be assignable by an instrument in writing duly executed and may be recorded with the...
- § 44-1460.04 Public Examination Of Records
The secretary of state shall keep for public examination a record of all trade names registered or renewed under the provisions of this article.
- § 44-1460.05 Exclusive Rights; Common Law Rights
A. The registration of a trade name if prior in time to the filing of articles of incorporation or the reservation of a corporate...
- § 44-1460.06 Electronic Filing; Acceptance
A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that is approved by...
- § 44-1460.07 Trade Name Registration Cancellation; Release For Use
A. The secretary of state shall cancel a trade name registration if: 1. The secretary of state receives a voluntary request for cancellation from...
Article 5 Advertising
Article 6 Rate Signs of Hotels and Motor Courts
Article 7 Consumer Fraud
- § 44-1521 Definitions
In this article, unless the context otherwise requires: 1. " Advertisement" includes the attempt by publication, dissemination, solicitation or circulation, oral or written, to...
- § 44-1522 Unlawful Practices; Intended Interpretation Of Provisions
A. The act, use or employment by any person of any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation,...
- § 44-1523 Exemptions
Nothing contained in this article shall apply to the owner or publisher of a newspaper, magazine, or other publication of printed matter wherein such...
- § 44-1524 Powers Of Attorney General
A. If the attorney general has reasonable cause to believe that a person has engaged in, is engaging in or is about to engage...
- § 44-1525 Confidentiality Of Information Or Evidence
All information or evidence provided to the attorney general shall be confidential and shall not be made public unless in the judgment of the...
- § 44-1526 Subpoena; Hearing; Rules And Regulations
A. To accomplish the objectives and to carry out the duties prescribed in this article, the attorney general, in addition to other powers conferred...
- § 44-1527 Failure To Supply Information Or Obey Subpoena; Hearing
A. If any person fails or refuses to fully comply with a demand or any subpoena issued by the attorney general under sections 44-1524...
- § 44-1528 Remedies; Injunction; Other Reliefs; Receiver
A. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or...
- § 44-1529 Powers Of Receiver
When a receiver is appointed by the court pursuant to this article, he shall have the power to sue for, collect, receive, or take...
- § 44-1530 Assurance Of Discontinuance Of Unlawful Practice
In the enforcement of the provisions of this article, the attorney general may accept an assurance of discontinuance of any act or practice deemed...
- § 44-1531 Violations; Civil Penalties
A. If a court finds that any person has wilfully violated section 44-1522, the attorney general upon petition to the court may recover from...
- § 44-1531.01 Consumer Protection-Consumer Fraud Revolving Fund; Use Of Fund
A. The consumer protection-consumer fraud revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided...
- § 44-1531.02 Consumer Restitution And Remediation Revolving Fund; Subaccounts
A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes...
- § 44-1532 Violation Of Order Or Injunction; Penalty
A person who violates any order or injunction issued pursuant to this article shall forfeit and pay to the general fund of the state...
- § 44-1533 Cumulative Remedies
A. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state. B. The...
- § 44-1534 Costs Recoverable
In any action brought under the provisions of this article, the attorney general is entitled to recover costs, which in the discretion of the...
Article 8 Petroleum Products Franchises
- § 44-1551 Definitions
In this article, unless the context otherwise requires: 1. " Affiliate" means a person who controls, is controlled or is under common control with...
- § 44-1552 Disclosures To Be Made By Distributor Before Conclusion Of Agreement
A distributor shall disclose to any prospective dealer the following information before any franchise agreement is concluded: 1. The gallonage volume history of gasoline...
- § 44-1553 Voidable Franchises
Any franchise may be cancelled by the dealer at his option by sending a written declaration of that fact and the reasons therefor to...
- § 44-1554 Prohibited Practices
It is a violation of this article for any distributor directly or indirectly or through any officer, agent or employee to engage in any...
- § 44-1555 Permitted Practices
Nothing in this article shall prevent a distributor from imposing upon a dealer from time to time reasonable standards of performance, provided that such...
- § 44-1556 Termination Of Franchise; Notice; Grounds
A. It is a violation of this article for any distributor, directly or indirectly, or through an officer, agent or employee to terminate, cancel...
- § 44-1557 Required Provisions In Agreements Between Distributors And Dealers
Every agreement between a distributor and a dealer shall be in writing and contain: 1. In the absence of any express agreement, the dealer...
- § 44-1558 Obligation Of Distributor To Repurchase Upon Termination Of Agreement; Designation Of Successor In Interest
A. In the event of any termination, cancellation or failure to renew, whether by mutual agreement or otherwise, a distributor shall make or cause...
- § 44-1559 Remedies
A. A dealer or distributor may bring an action against the other for violation of any provision of the franchise and may recover the...
- § 44-1560 Waiver Limitation
A. Any condition, stipulation or provision binding any person to waive compliance with any provision of this article is void. B. The right of...
- § 44-1561 Arizona Commerce Authority; Fuel Price Data; Availability
A. The chief executive officer of the Arizona commerce authority shall collect, compile and maintain all brand average retail prices for Phoenix, Tucson, Flagstaff,...
- § 44-1562 Full-Service Gasoline Stations; Assistance To Drivers With Disabilities
Each full-service gasoline station offering self-service at a lesser cost shall require an attendant who is employed by the station to dispense gasoline from...
Article 9 Beer Franchises
- § 44-1565 Definitions
In this article, unless the context otherwise requires: 1. " Beer" means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley...
- § 44-1566 Franchise Termination
A supplier of beer or wholesaler of beer shall not fail to act in good faith in performing or complying with any terms, provisions...
- § 44-1567 Action For Damages; Other Remedies; Defense
A. Any wholesaler may bring an action against a supplier or a supplier may bring an action against a wholesaler for violation of section...
Article 10 Unlawful Practices in Telecommunications and Ancillary Services
Chapter 11 REGULATIONS CONCERNING PARTICULAR BUSINESSES
Article 1 Dealers of Precious Items
Article 3 Pawnbrokers
Article 3.1 Scrap Metal Dealers
- § 44-1641 Definitions
In this article, unless the context otherwise requires: 1. " Business records" means records of any purchase, trade, barter or other transaction that involves...
- § 44-1641.01 Scrap Metal Dealer Report
The department shall submit a report every two years to the president of the senate and the speaker of the house of representatives about...
- § 44-1641.02 Law Enforcement; Theft Notification Website
All law enforcement in this state shall be registered on a free theft notification website that allows law enforcement to send detailed descriptions of...
- § 44-1641.03 Registration; Application; Information Disclosed On Website
A. A person must register pursuant to this article to conduct business as a scrap metal dealer in this state. B. A person shall...
- § 44-1641.04 Registration; Fees
A. A scrap metal dealer must provide the information prescribed by section 44-1641.03 to the department every two years. B. The department shall charge...
- § 44-1641.05 Items Required To Be Maintained At Place Of Business; City Or County Ability To Recover Costs; Violation; Civil Penalty
A. A registered scrap metal dealer must keep the following at each place of business: 1. Proof of registration that is issued by the...
- § 44-1642 Records Of Purchase; Transaction Limitations; Age Requirement For Scrap Metal Seller; Exception
A. Every scrap metal dealer shall keep on the business premises a book or other similar record legibly printed or written in ink, in...
- § 44-1642.01 Prohibited Scrap Metal Transactions; Exceptions; Violation; Classification
A. A scrap metal dealer shall not knowingly purchase the following types of scrap metal: 1. Metal manhole covers that are used to cover...
- § 44-1643 Violation; Classification
A scrap metal dealer who fails in any respect to keep a book or similar record prescribed by section 44-1642 or to set out...
- § 44-1644 Report; Exemption; Violation; Classification
A. Within twenty-four hours of receipt of scrap metals, except from an industrial account or a scrap metal dealer, for which a record is...
- § 44-1645 Applicability; State Preemption
This article applies throughout this state and counties, cities and towns may not enact or enforce ordinances, rules or regulations that conflict with this...
- § 44-1646 Burned Metallic Wire; Aluminum Wire; Copper Wire; Transaction Restrictions; Applicability
A. A scrap metal dealer shall not purchase or otherwise receive metallic wire that was burned in whole or in part to remove insulation...
- § 44-1647 Department Of Public Safety; Transaction Form
The department of public safety shall design and make available a seller and transaction form that may be used by a scrap metal dealer...
- § 44-1648 Preemption; Power Of Local Authorities; City, Town Or County Licensing System
A. The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern. The power to register scrap metal...
- § 44-1649 Joint Legislative Committee On Metal Theft
(Rpld. 1/1/24) The president of the senate and the speaker of the house of representatives for the fifty-sixth legislature, first regular session may appoint...
Article 4 Future Contracts and Bucket Shops
Article 5 Jewelry Auctions
- § 44-1671 Definitions
In this article, unless the context otherwise requires: 1. " Auction" means the sale of jewelry at either private or public sale, upon oral...
- § 44-1672 License Required; Exemptions
It is unlawful to sell, offer for sale, or attempt to sell at auction any jewelry without a license as provided in this article,...
- § 44-1673 Application For License; Contents
A. Not less than thirty days nor more than sixty days prior to the date of a proposed auction, any person desiring to sell...
- § 44-1674 Inventory
The application shall have attached thereto a detailed inventory listing each article to be auctioned, together with an inventory number for each article to...
- § 44-1675 Verification
The applicant shall verify under oath or affirmation that all the data and statements in the application and inventory are true and correct.
- § 44-1676 Fee And Bond
A. In addition to the inventory, the applicant shall submit, together with the application, a fee of two hundred dollars, and shall file with...
- § 44-1677 Issuance Of License
The board of supervisors shall issue a license to conduct an auction of jewelry if it finds the application, inventory, fee and bond are...
- § 44-1678 Numbering Of Inventoried Articles; Subsequent Inventory; Intent To Defraud
A. No article shall be sold at the auction for which the license was obtained unless there is securely attached to the article sold...
- § 44-1679 Articles Stocked Within Sixty Days Prior To Application
No article shall be listed in the inventory and any supplement thereto or sold at the auction which was purchased or stocked by the...
- § 44-1680 Representation Of Articles
At an auction held under the provisions of this article, the licensee and his employees and agents shall represent to the public the true...
- § 44-1681 Return Of Purchases; Display Of Notice
The licensee shall cause to be displayed in a prominent place on the premises where the auction is being conducted a notice that all...
- § 44-1682 Suspension, Restoration Of Licenses; Appeal
The board of supervisors may suspend and restore licenses as they may deem necessary or reasonable to insure compliance with the provisions of this...
- § 44-1683 Licensee's Responsibility
The licensee shall be responsible for compliance with the provisions of this article whether he is present at or absent from the auction.
- § 44-1684 Sale Of Articles Described Falsely
No article shall be sold at auction which has been falsely described or concerning which any false statement has been made by the licensee...
- § 44-1685 Application Of Article; Exemptions
A. This article shall not apply to any sale of second-hand jewelry, judicial sales or government sales, sales by an executor, administrator, guardian, receiver,...
- § 44-1686 Violation; Classification
Violation of any provision of this article is a class 2 misdemeanor.
Article 6 Consumer Reporting Agencies and Fair Credit Reporting
Article 7 Credit Services
Article 8 Delivery Containers
Article 9 Pyramid Promotional Schemes
Article 10 Dance Studio Contracts
Article 11 Solar Energy Devices
- § 44-1761 Definitions
(L97, Ch. 218, sec. 7. Eff. until 1/1/16) In this article, unless the context otherwise requires: 1. " Collector" means a component of a...
- § 44-1761; Version 2 Definitions
(L15, Ch. 90, sec. 1. Eff. 1/1/16) In this article, unless the context otherwise requires: 1. " Collector" means a component of a solar...
- § 44-1762 Solar Energy Device Warranties; Installation Standards; Inspections
A. The collectors, heat exchangers and storage units of a solar energy device that is sold or installed in this state, and the installation,...
- § 44-1763 Distributed Energy Generation System Agreements; Disclosures; Exception
(Eff. 1/1/16) A. An agreement governing the financing, sale or lease of a distributed energy generation system to any person or a political subdivision...
Article 12 Consignments of Works of Fine Art
- § 44-1771 Definitions
In this article, unless the context otherwise requires: 1. " Art dealer" means a person engaged in the business of selling works of fine...
- § 44-1772 Art Dealer And Artist; Relationship
If an art dealer accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who...
- § 44-1773 Purchase Or Resale Of Consigned Fine Art By Fine Art Dealer
A. If a work of fine art is trust property under section 44-1772 when initially received by the art dealer it remains trust property...
- § 44-1774 Trust Property Exempt From Claims Of Art Dealer's Creditors
Notwithstanding title 47, no property which is trust property under section 44-1772 or 44-1773 is subject to the claims, liens or security interests of...
- § 44-1775 Art Dealer Required To Obtain Written Contract
A. An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist...
- § 44-1776 Art Dealer; Duties
A. An art dealer who accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist...
- § 44-1777 Waiver Voided
Any portion of an agreement which waives any provision of this article is void.
- § 44-1778 Civil Penalty
A. Any art dealer who violates section 44-1775 or section 44-1776, subsection A is liable to the artist in an amount equal to: 1....
Article 13 Health Spa Contracts
Article 14 Discount Buying Services
- § 44-1797 Definitions
A. In this article, unless the context otherwise requires: 1. " Contract for discount buying services" means a written contract between one party who...
- § 44-1797.01 Bond; Amount; Copy; Conflict Of Interest
Each discount buying organization shall maintain a bond in the principal sum of thirty thousand dollars for each outlet of such discount buying organization...
- § 44-1797.02 Bond; Beneficiaries; Actions; Liability; Cancellation
A. The bond required by section 44-1797.01 shall be in favor of this state to be held in trust by the state treasurer for...
- § 44-1797.03 Cash Deposit In Lieu Of Bond
A. In lieu of furnishing the bond as required by section 44-1797.01, the seller may deposit with the state treasurer a cash deposit in...
- § 44-1797.04 Disclosures By Buying Organization; Nature Of Services; Listing Of Items; Warranties Or Guarantees; Charges; Criminal Or Civil Actions
A. Each discount buying organization, immediately upon obtaining the signature of a buyer on any application or contract for discount buying services, shall provide...
- § 44-1797.05 Written Contract; Contents
A. Each contract for discount buying services shall be in writing and is subject to the provisions of this article. The address of the...
- § 44-1797.06 Payment Or Financing Period; Limitation
No contract for discount buying services may require payments or financing by the buyer over a period in excess of thirty months from the...
- § 44-1797.07 Availability Of Services; Time
Each contract for discount buying services shall provide that the buying services become available to the buyer within three days from the date the...
- § 44-1797.08 Prohibition Of Notes Cutting Off, As To Third Parties, Buyer's Right Of Action Or Defense Against Seller
No contract for discount buying services may require or entail the execution of any note or series of notes by the buyer which, if...
- § 44-1797.09 Prohibition Against Assignment Or Transfer Of Contract Cutting Off Buyer's Right Of Action Or Defense Against Organization
No right of action or defense arising out of a contract for discount buying services which the buyer has against the discount buying organization...
- § 44-1797.10 Receipt Of Payment Or Monies; Delivery Or Availability Of Goods; Time; Refund; Trust Account; Deposits And Withdrawals
A. Each contract for discount buying services shall provide that if any goods ordered by the buyer from the seller are not delivered to...
- § 44-1797.11 Cancellation Of Contract; Time; Definition
A. Each contract for discount buying services shall further provide that such contract may be canceled at any time within three business days after...
- § 44-1797.12 Voidable Contracts; Reference To Compliance With Article
A. A contract for discount buying services which does not comply with the applicable provisions of this article is voidable by the buyer. B....
- § 44-1797.13 Misrepresentation; Contract Void And Unenforceable
Any untrue or misleading information, representation, notice, material omission or advertisement of the seller which has been received by or made to the buyer...
- § 44-1797.14 Rescission And Pro Rata Refund; Removal Of Place Of Business
If a discount buying organization removes its place of business, or if it conducts business at more than one location, that 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
A. Any transfer by a discount buying organization of its duty or obligation to provide services to buyers under its contracts for discount buying...
- § 44-1797.16 Action For Damages And Restitution Of Monies Paid; Treble Damages And Attorney Fees And Costs
A buyer suffering financial damages as a result of a violation of this article may bring an action for the recovery of damages and...
- § 44-1797.17 Violation; Classification
A person who violates any provision of this article is guilty of a class 6 felony.
- § 44-1797.18 Provisions Not Exclusive
The provisions of this article are not exclusive and do not relieve the parties or the contracts subject to this article from compliance with...
- § 44-1797.19 Waiver
A waiver by the buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable.
- § 44-1797.20 Enforcement
A. The attorney general or county attorney shall have the power to enforce the criminal provisions of this article. B. An act or practice...
Article 15 Sales Representative Contracts
Article 16 Loan Servicing
Article 17 Pet Dealers
Article 18 Casket Sales
Article 19 Shopping Carts
Article 20 Heavy Equipment Rental Agreements
Article 21 Solicitations Using Loan Information
Article 22 Amusement Ride Safety
Article 23 Public Sale of Animals
Article 24 Bulk Merchandise Containers
Article 25 Direct Primary Care Provider Plans
Chapter 12 SALES OF SECURITIES
Article 1 Definitions
- § 44-1801 Definitions
In this chapter and chapter 13 of this title, unless the context otherwise requires: 1. " Blind pool offering" means an offering in which...
Article 2 Administrative Personnel
- § 44-1811 Director Of Securities
A. The commission shall appoint a director of securities, subject to removal at the pleasure of the commission, at compensation as determined pursuant to...
- § 44-1812 Assistant Director Of Securities
The commission shall appoint an experienced assistant to the director of securities whose compensation shall be as determined pursuant to section 38-611 to assist...
- § 44-1813 Employment Of Personnel; Criminal Records Check
A. The director, with the approval of the commission, may employ from time to time examiners, investigators who are commissioned peace officers, clerical employees...
- § 44-1814 Travel And Other Necessary Expenses Of Employees
The director, and any person under the director's supervision shall be paid, in addition to that person's regular compensation, the transportation expense, board, lodging...
- § 44-1815 Cooperation With Other Securities Agencies
The director shall cooperate with the administrators of the securities laws of other states and of the United States with a view to achieving...
Article 3 General Administrative Powers
Article 4 Sale of Securities
- § 44-1841 Sale Of Unregistered Securities Prohibited; Classification
A. It is unlawful to sell or offer for sale within or from this state any securities unless the securities have been registered pursuant...
- § 44-1842 Transactions By Unregistered Dealers And Salesmen Prohibited; Classification
A. It is unlawful for any dealer to sell or purchase or offer to sell or buy any securities, or for any salesman to...
- § 44-1843 Exempt Securities; Fee; Filing
A. Sections 44-1841 and 44-1842, section 44-1843.02, subsections B and C and sections 44-3321 and 44-3325 do not apply to any of the following...
- § 44-1843.01 Nonexempt Government Securities; Covered Securities; Exemptions
A. Notwithstanding section 44-1843, subsection A, paragraph 1, sections 44-1841 and 44-1842 apply to the following classes of securities that are issued by a...
- § 44-1843.02 Special Filing Requirements For Certain Exempt Or Federal Covered Securities
A. Any advertising and sales material, other than the notices required by law to be published or posted, that is used in connection with...
- § 44-1844 Exempt Transactions
A. Except as provided in subsections B and C of this section, sections 44-1841 and 44-1842, section 44-1843.02, subsections B and C and sections...
- § 44-1845 Exemption Or Special Registration Of Certain Securities And Transactions By Commission Rule
A. The commission may by its rules, and subject to the terms and conditions prescribed in those rules, add any class of securities or...
- § 44-1846 Powers Of Commission To Exempt Certain Securities Or Transactions
A. The commission may grant, in accordance with rules adopted by the commission, exemptions from registration of securities under articles 6 and 7 of...
- § 44-1847 Power Of Commission To Exempt Certain Securities Or Transactions Of Regulated Issuers
The commission may from time to time, by rules and regulations and subject to terms and conditions prescribed therein, add any class of securities...
- § 44-1848 Registration Of Dealers And Salesmen Dealing With Certain Exempt Securities Or Engaging In Certain Exempt Transactions; Exemptions
A. A dealer or salesman who engages in transactions involving variable contracts, which are exempt under section 44-1843, subsection A, paragraph 4, must register...
- § 44-1849 Real Property Investment Contracts; Recording
Before the disbursement of funds to any person, a dealer or issuer of a real property investment contract shall cause to be recorded with...
- § 44-1850 Viatical Or Life Settlement Investment Contracts
A. Section 44-1841 does not apply to viatical or life settlement investment contracts if either: 1. The person who assigns, transfers, sells, devises or...
Article 5 Fees, Form of Consent to Service of Process and Securities Filings
Article 6 Registration of Securities by Description
- § 44-1871 Securities That May Be Registered By Description
A. Securities, except real property investment contracts, may be registered by description in the manner provided in sections 44-1872 through 44-1875 if either of...
- § 44-1872 Procedure For Registration By Description; Registration Statement; Consent To Service Of Process
Securities qualified under section 44-1871 for registration by description shall be registered by payment of the registration fee prescribed in section 44-1861, subsection C,...
- § 44-1873 Recording Of Registration; Effective Date Of Registration; Renewal; Eligibility Of Registered Securities For Sale
A. Upon the receipt of a registration statement and the registration fee, and, if required, a consent to service of process, the director shall...
- § 44-1874 Registration Of Additional Securities By Description
Additional amounts of securities registered by description under sections 44-1871 through 44-1873 may with the consent of the commission be registered by payment of...
- § 44-1875 Filing Of Additional Information
If at any time in the opinion of the commission or the director the information set forth in a registration statement filed under section...
- § 44-1876 Escrow Of Certain Securities; Restrictive Sales Agreement
A. Except as provided in section 44-1901, as a condition to registration of securities under this chapter, the commission may in its discretion by...
- § 44-1877 Escrow Of Treasury Stock; Restrictive Sales Agreement
Except as provided in section 44-1901, the commission may in its discretion by order require as a condition to registration of securities under this...
- § 44-1878 Impoundment Of Funds From Sale Of Speculative Securities
A. Except as provided in section 44-1901, as a condition to registration under this chapter of securities of a speculative nature the commission may...
Article 7 Registration of Securities by Qualification
- § 44-1891 Registration By Qualification
Securities required to be registered by qualification under this chapter before they may be sold in this state shall be registered as provided in...
- § 44-1892 Documents Required For Application For Registration By Qualification; Fee
Application for registration of securities by qualification shall be made by the issuer of the securities by filing with the commission the following documents:...
- § 44-1893 Application For Registration Of Securities By Qualification; Contents; Accompanying Documents; Signature And Verification
A. The application for registration of securities by qualification as required under sections 44-1892 and 44-1901 shall include the following, together with other information...
- § 44-1894 Prospectus; Contents; Use Of Consolidated Financial Statements; Amendment Or Supplement To Prospectus Required To Show Material Change
A. Except as provided in section 44-1901, the prospectus required by section 44-1892 shall be filed with the application, and shall include the following,...
- § 44-1895 Preparation Of Required Financial Statements
Financial statements required under this article for registration of securities by qualification shall be: 1. Prepared in conformity with generally accepted accounting principles. 2....
- § 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
A. If the securities being registered by qualification have been or are to be registered under the securities act of 1933, there may be...
- § 44-1897 Amendment Or Withdrawal Of Application, Prospectus Or Other Documents
In the absence of proceedings under section 44-1901 or article 8 of this chapter for denial, suspension or revocation of the registration of the...
- § 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
A. Except as provided in section 44-1901, the director shall within a reasonable time examine an application for registration of securities by qualification and...
- § 44-1899 Renewal Of Registration By Qualification
Registration by qualification under this article shall be effective for a period of one year and may be renewed for additional periods of one...
- § 44-1900 Registration Of Additional Securities By Qualification
Additional amounts of securities registered by qualification under this article may with the consent of the commission be registered by payment of an additional...
- § 44-1901 Registration Of Certain Securities By Qualification; Definitions
A. Subject to the limitations provided in subsections G and I of this section, securities shall be registered by qualification at the time prescribed...
- § 44-1902 Power Of The Commission To Register Certain Securities By Uniform Limited Offering Registration
A. In accordance with rules adopted by the commission, the commission may register under this article certain securities in an aggregate amount not exceeding...
Article 8 Denial, Revocation or Suspension of Securities by Registration
Article 9 Registration of Dealers and Salesmen
Article 10 Denial, Revocation or Suspension of Registration as Dealer or Salesman
Article 11 Hearings
Article 12 Appeals
- § 44-1981 Judicial Review
Decisions of the commission pursuant to this chapter shall be subject to judicial review in the Maricopa county superior court pursuant to title 12,...
Article 13 Fraudulent Practices
- § 44-1991 Fraud In Purchase Or Sale Of Securities
A. It is a fraudulent practice and unlawful for a person, in connection with a transaction or transactions within or from this state involving...
- § 44-1992 Filing Of Misleading Information With Commission
It is a fraudulent practice and unlawful: 1. For a person to subscribe to or make or cause to be made an untrue statement...
- § 44-1993 Misrepresentation Of Effect Of Registration Of Securities
Neither the fact that securities are registered by description under article 6 of this chapter or by qualification under article 7 of this chapter,...
- § 44-1994 Misrepresentation Of Effect Of Registration Of Dealers Or Salesmen
Neither the fact that a dealer or salesman is registered under article 9 of this chapter, nor the fact that the registration of the...
- § 44-1995 Violation; Classification
A person violating a provision of this article is guilty of a class 4 felony.
- § 44-1996 Prohibition Of Referral Fees
A dealer, salesman, agent or person associated with a dealer, salesman or agent shall not directly or indirectly solicit or accept remuneration for assisting...
- § 44-1997 False Registration Statement; Liability
A. If any part of the registration statement filed under any federal or Arizona securities laws relating to securities offered or sold within or...
- § 44-1998 Offers And Sales; Liability
A. In any case relating to securities offered or sold within or from this state, any person who offers or sells a security by...
- § 44-1999 Controlling Persons; Liability
A. Every person who, by or through stock ownership, agency or otherwise or who pursuant to or in connection with an agreement or understanding...
- § 44-2000 Contrary Stipulations Void
Any condition, stipulation or provision binding any person acquiring any security to waive compliance with this chapter or chapter 13 of this title or...
Article 14 Civil Remedies and Liabilities
Article 15 Conservators and Receivers
- § 44-2011 Petition For Appointment Of Conservator Or Receiver
If an act, practice or transaction constituting a violation of section 44-1841 or 44-1842 or article 13 of this chapter is alleged in a...
- § 44-2012 Complaint; Contents
A complaint filed in the superior court of Maricopa county for the appointment of a conservator to reorganize, or a receiver to wind up,...
- § 44-2013 Preliminary Injunction; Appointment Of Temporary Conservator Or Receiver
A. The superior court may, after the complaint is filed, issue a preliminary injunction restraining the defendant named in the complaint from removing, encumbering...
- § 44-2014 Permanent Injunction; Permanent Conservator Or Receiver
A. The complaint, together with the order of the court setting the time of hearing, shall be served upon the defendant together with the...
- § 44-2015 Conservator; Bond; Powers And Duties
A. A temporary or permanent conservator shall be an officer of the court and shall give bond in the amount and conditioned as ordered...
- § 44-2016 Duration Of Appointment Of Conservator; Distributing Assets; Winding Up Affairs Of Violator
A. A permanent conservator shall administer the affairs until, in the opinion of the court, the appointment is no longer necessary to conserve, protect...
- § 44-2017 Compensation Of Conservators And Other Personnel
A conservator may incur expenses and employ engineers, accountants, attorneys or other persons in connection with his duties as the court approves. The compensation...
Article 16 Enforcement
- § 44-2031 Jurisdiction And Venue Of Offenses And Actions; Joinder Of Spouse
A. The superior court in this state shall have jurisdiction over violations of this chapter, the rules and orders of the commission under this...
- § 44-2032 Cease And Desist Orders; Civil Penalty; Injunctions; Civil Restitution; Prosecutions For Violations
If it appears to the commission, either on complaint or otherwise, that any person has engaged in, is engaging in or is about to...
- § 44-2033 Burden Of Proof Of Exemptions
In any action, civil or criminal, when a defense is based upon any exemption provided for in this chapter, the burden of proving the...
- § 44-2034 Evidence Of Registration Or Notice Filing; Lack Of Registration Or Notice Filing
A certificate signed by the chairman or a member of the commission or by the director and under seal of the commission showing that...
- § 44-2035 Evidence Of Record Of Proceedings
A certificate signed by the chairman or any member of the commission or by the director, and under seal of the commission, in regard...
- § 44-2036 Administrative Penalty
A. A person who, in an administrative action, is found to have violated any provision of this chapter or any rule or order of...
- § 44-2037 Civil Penalties
A. A person who, in a civil proceeding, is found to have violated any provision of this chapter or any rule or order of...
- § 44-2038 Costs Recoverable
In an action brought under the provisions of this article, the commission or the attorney general is entitled to recover costs, which in the...
- § 44-2039 Securities Regulatory And Enforcement Fund; Purpose
A. The securities regulatory and enforcement fund is established and shall be administered by the commission under the conditions and for the purposes provided...
- § 44-2040 Violation; Classification
A person who knowingly violates any provision of this chapter or any rule, regulation or order of the commission thereunder for which a penalty...
- § 44-2041 Continuance Of Prior Law For Certain Purposes
A. All laws which were repealed by Laws 1951, chapter 18, section 25, shall remain in force for the prosecution and punishment of any...
- § 44-2042 Confidentiality
A. The names of complainants and all information or documents obtained by any officer, employee or agent of the commission, including the shorthand reporter...
Article 17 Capital Markets
- § 44-2051 Advancement Of Economic Development And Capital Formation
In order to foster the economic development of this state, the commission, when acting pursuant to this chapter, shall consider measures, consistent with investor...
- § 44-2052 Exchange Operation; Commission Rules
A. If instructed by the commission the director shall seek to facilitate the formation, pursuant to title 10, chapter 2, article 1, of one...
- § 44-2053 Limitation On Liability
Neither the state nor any political subdivision, nor the commission, the Arizona commerce authority, nor any state officer, agent or employee acting in good...
- § 44-2055 Securities Public Reference Rooms
In order to make information about Arizona public companies more available to investors, dealers, securities analysts, financial journalists and other interested persons, the commission...
- § 44-2056 Free Trade
In order to enhance and enlarge the capital markets for companies in this state, the commission may negotiate formal or informal agreements with the...
Article 18 Private Securities Litigation
Article 19 Audits
Chapter 13 INVESTMENT MANAGEMENT
Article 1 Definitions
- § 44-3101 Definitions
In this chapter, unless the context otherwise requires: 1. " Closed-end company" means any management company other than an open-end company or unit investment...
- § 44-3102 Interpretations By Commission
In interpreting the definitions prescribed in section 44-3101 and other terms and phrases used in this chapter, the commission may refer to identical terms...
Article 2 Administrative Personnel
Article 3 General Administrative Powers
Article 4 Licensure of Investment Advisers and Investment Adviser Representatives
Article 5 Fees
- § 44-3181 Fees; Penalties; Abandonment
A. The annual nonrefundable license fee for each licensed investment adviser and investment adviser representative and the annual nonrefundable notice filing fee for each...
Article 6 Denial, Revocation or Suspension of License
Article 7 Hearings
Article 8 Appeals
- § 44-3231 Judicial Review
Decisions of the commission pursuant to this chapter are subject to judicial review in superior court in Maricopa county pursuant to title 12, chapter...
Article 9 Fraudulent Practices
Article 10 Conservators and Receivers
Article 11 Enforcement
- § 44-3291 Jurisdiction And Venue Of Offenses And Actions; Joinder Of Spouse
A. The superior court has jurisdiction over violations of this chapter, the rules and orders of the commission adopted or issued under this chapter...
- § 44-3292 Cease And Desist Orders; Injunctions; Civil Restitution; Prosecutions For Violations
If it appears to the commission, either on complaint or otherwise, that any person has engaged in, is engaging in or is about to...
- § 44-3293 Burden Of Proof Of Exemptions
If a defense in any civil or criminal action is based on any exemption provided for in this chapter, the burden of proving the...
- § 44-3294 Evidence Of Licensure Or Lack Of Licensure
A certificate signed by the director and under seal of the commission showing that a notice filing has or has not been filed as...
- § 44-3295 Evidence Of Record Of Proceedings
A certificate signed by the director, and under seal of the commission, in regard to the record of any proceeding under this chapter for...
- § 44-3296 Administrative Penalty
A. A person who, in an administrative action, is found to have violated this chapter or any rule or order of the commission may...
- § 44-3297 Costs Recoverable
In an action brought under this article, the commission or the attorney general is entitled to recover costs that in the discretion of the...
- § 44-3298 Investment Management Regulatory And Enforcement Fund; Purpose
A. An investment management regulatory and enforcement fund is established and shall be administered by the commission under the conditions and for the purposes...
- § 44-3299 State Liability; Limitation
Except as otherwise provided by law, this state, any political subdivision of this state, the commission, the director or any state officer, agent or...
- § 44-3300 Confidentiality
A. The names of complainants and all information or documents obtained by any officer, employee or agent of the commission, including the shorthand reporter...
Article 12 Notice of Filings of Certain Investment Companies
Chapter 15 HOME SOLICITATIONS AND REFERRAL SALES
Article 1 In General
Chapter 16 RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES
Article 1 In General
- § 44-5501 Restrictions
A. This section applies to a consumer credit sale of goods or services. B. Notwithstanding any agreement to the contrary, if the seller or...
Chapter 17 RETAIL INSTALLMENT SALES TRANSACTIONS
Article 1 In General
Chapter 18 FOREIGN TRADE ZONES
Article 1 In General
Chapter 19 SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
Article 1 General Provisions
Chapter 20 EQUIPMENT DEALERS
Article 1 General Provisions
- § 44-6701 Definitions
In this chapter, unless the context otherwise requires: 1. " Dealer agreement" means an oral or written contract or agreement of definite or indefinite...
- § 44-6702 Prohibited Acts Of Supplier
A. It is a violation of this chapter for a supplier to do any of the following: 1. Coerce or compel an equipment dealer...
- § 44-6703 Dealer Agreements; Cancellation
A. Unless one or more of subsection B, paragraphs 1 through 10 apply, a supplier shall give an equipment dealer ninety days' written notice...
- § 44-6704 Surplus Parts Inventory; Credits
A. Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, or at least once...
- § 44-6705 Cancellation Of Dealer Agreement; Repurchase
A. If a dealer agreement is cancelled or not renewed, the supplier shall repurchase the dealer's remaining inventory. The supplier shall also repurchase any...
- § 44-6706 Repurchase; Title; Security Interest
Upon payment of the repurchase amount to the equipment dealer, the title and right to possession of the repurchased inventory shall transfer or be...
- § 44-6707 Death Of Equipment Dealer; Definition
A. If an equipment dealer dies or becomes incapacitated, the supplier shall repurchase the inventory from the estate pursuant to the inventory repurchase provisions...
- § 44-6708 Cause Of Action; Remedies
A. An equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as...
- § 44-6709 Current Agreements; Effect Of Law; Void Provisions
A. This chapter applies to dealer agreements in effect on the effective date of this chapter at the time the agreements are extended, revised,...
Chapter 21 INVESTMENT PENSION FUNDS
Article 1 General Provisions
- § 44-6751 Investment Of Pension Funds
Notwithstanding any other law, the investment managers of public and private pension funds deposited in this state shall not be required to invest in...
Chapter 22 RENTAL-PURCHASE AGREEMENTS
Article 1 General Provisions
- § 44-6801 Definitions
In this chapter, unless the context otherwise requires: 1. " Advertisement" means a commercial message in any medium that solicits a consumer to enter...
- § 44-6802 Applicability
A. This chapter does not apply to the following: 1. Rental-purchase agreements primarily for business, commercial or agricultural purposes. 2. Rental-purchase agreements with governmental...
- § 44-6803 General Requirements Of Disclosure
A. A lessor shall disclose to a consumer the information prescribed in section 44-6804. In a transaction involving more than one lessor, only one...
- § 44-6804 Disclosures
For each rental-purchase agreement, a lessor shall disclose in the agreement, or as otherwise required in this section, the following items: 1. The frequency...
- § 44-6805 Prohibited Rental-Purchase Agreement Terms; Practices
A. A rental-purchase agreement shall not contain any of the following: 1. A confession of judgment. 2. A negotiable instrument. 3. A security interest...
- § 44-6806 Collection Practices
A. A lessor shall not engage in any unlawful or deceptive conduct or make any untrue or misleading statement in connection with the collection...
- § 44-6807 Reinstatement
A. A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement, without losing any rights or options that exist...
- § 44-6808 Receipts
On request by the consumer, a lessor shall provide the consumer with a written receipt for each payment made by cash or money order.
- § 44-6809 Renegotiations
A. A renegotiation occurs if any term of a rental-purchase agreement that is required to be disclosed by section 44-6804 is changed by agreement...
- § 44-6810 Advertising
A. If an advertisement for a rental-purchase agreement refers to or states the dollar amount of any periodic payment and the right to acquire...
- § 44-6811 Enforcement; Penalties
A. A lessor who fails to comply with the requirements of this chapter is liable to the consumer damaged by the lessor's failure to...
- § 44-6812 Lessor's Defenses; Definition
A. If a lessor establishes by a preponderance of the evidence that a violation of this chapter was unintentional or the result of a...
- § 44-6813 Assignment Of A Rental-Purchase Agreement
If a lessor assigns or transfers a rental-purchase agreement to a third party, all of the consumer's rights created by the rental-purchase agreement and...
- § 44-6814 Notices
A written notice required or permitted by this chapter is: 1. Deemed to have been received on personal delivery to the consumer or lessor....
Chapter 23 DISHONORED CHECK FEES
Article 1 General Provisions
- § 44-6851 Definitions
In this chapter, unless the context otherwise requires: 1. " Check" means a draft that is payable on demand and drawn on a financial...
- § 44-6852 Dishonored Checks; Service Fee
Notwithstanding any other law, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge...
Chapter 25 SENIOR RESIDENTIAL ENTRANCE FEE CONTRACTS
Article 1 General Provisions
Chapter 26 ELECTRONIC TRANSACTIONS
Article 1 General Provisions
- § 44-7001 Short Title
This chapter may be cited as the Arizona electronic transactions act.
- § 44-7002 Definitions
In this chapter, unless the context otherwise requires: 1. " Agreement" means the bargain of the parties in fact, as found in their language...
- § 44-7003 Scope
A. Except as otherwise provided in subsection B of this section, this chapter applies to any electronic record and electronic signature relating to a...
- § 44-7004 Prospective Application
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of...
- § 44-7005 Use Of Electronic Records And Signatures; Variation By Agreement
A. This chapter does not require a record or signature to be created, generated, sent, communicated, received or stored or otherwise processed or used...
- § 44-7006 Construction; Application
This chapter shall be construed and applied to: 1. Facilitate electronic transactions consistent with other applicable law. 2. Be consistent with reasonable practices concerning...
- § 44-7007 Legal Recognition Of Electronic Records, Signatures And Contracts
A. A record or signature in electronic form cannot be denied legal effect and enforceability solely because the record or signature is in electronic...
- § 44-7008 Provision Of Information In Writing; Presentation Of Records
A. If the parties to a transaction have agreed to conduct the transaction by electronic means and a law requires a person to provide,...
- § 44-7009 Attribution And Effect Of Electronic Record And Signature
A. An electronic record or electronic signature is attributable to a person if the record or signature was the act of the person or...
- § 44-7010 Effect Of Change Or Error
A. The following apply to any change or error in an electronic record that occurs in a transmission between the parties to a transaction:...
- § 44-7011 Notarization; Acknowledgment
Notwithstanding title 41, chapter 2, article 2, if the law requires a signature or record to be notarized, acknowledged, verified or made under oath,...
- § 44-7012 Electronic Records Retention; Originals
A. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the...
- § 44-7013 Admissibility In Evidence
In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
- § 44-7014 Automated Transaction Contracts
A. In any automated transaction, the parties may form a contract by the interaction of: 1. Electronic agents of the parties, even if no...
- § 44-7015 Time And Place Of Sending And Receipt
A. Unless otherwise agreed to by the sender and the recipient, an electronic record is sent if the record: 1. Is properly addressed or...
- § 44-7016 Transferable Records; Definition
A. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably...
Article 2 Secure Electronic Records and Signatures
- § 44-7031 Secure Electronic Signatures
A signature is a secure electronic signature if, through the application of a security procedure, it can be demonstrated that the electronic signature at...
- § 44-7032 Secure Electronic Records
If, through the ongoing application of a security procedure, it can be demonstrated that an electronic record signed by a secure electronic signature has...
- § 44-7033 Presumptions
A. There is a rebuttable presumption that a secure electronic record has not been altered since the specific time to which the secure status...
- § 44-7034 Electronic Notarization; Acknowledgment
If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if all of...
Article 3 Governmental Electronic Records
Article 4 Miscellaneous Provisions
Chapter 27 TOBACCO PRODUCT MANUFACTURERS ESCROW ACCOUNTS
Article 1 Model Statute
Article 2 Model Nonparticipating Manufacturers Legislation
Chapter 28 DATING REFERRAL SERVICES
Article 1 General Provisions
Chapter 29 INTERNET REPRESENTATIONS
Article 1 General Provisions
- § 44-7201 Definitions
For the purposes of this chapter, unless the context otherwise requires: 1. " Electronic mail message" means a message sent to a unique destination...
- § 44-7202 Prohibition
A person, with the intent to commit fraud or theft, shall not use a web page or electronic mail message or otherwise use the...
- § 44-7203 Civil Remedies; Damages
A. A person who either is engaged in the business of providing internet access service to the public or owns a web page or...
- § 44-7204 Violation; Classification
A person who violates this chapter is guilty of a class 5 felony.
Chapter 30 COMPUTER SPYWARE
Article 1 General Provisions
- § 44-7301 Definitions
In this chapter, unless the context otherwise requires: 1. " Advertisement" means a communication the primary purpose of which is the commercial promotion of...
- § 44-7302 Prohibited Activities; Applicability
A. It is unlawful for any person who is not an owner or operator of a computer to transmit computer software to a computer,...
- § 44-7303 Statewide Concern; Preemption
It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations,...
- § 44-7304 Civil Remedies; Damages
A. In addition to any other remedies provided by law, the attorney general, or a computer software provider or a web site or trademark...
Chapter 31 GIFT CARDS
Article 1 General Provisions
Chapter 32 NOTIFICATION FOR COMPROMISED PERSONAL INFORMATION
Article 1 General Provisions
Chapter 33 RECORD DISCARD AND DISPOSAL
Article 1 Discard and Disposal of Personal Identifying Information Records
Chapter 34 RETAILER USE OF IDENTIFICATION INFORMATION
Article 1 General Provisions
Chapter 35 CREDIT CARD AGREEMENTS
Article 1 General Provisions
Last modified: October 13, 2016