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2009 Legislative Changes 

The Secretary of State’s office submitted several suggested legislative remedies during the 87th General Assembly.

Act 942 of 2009 - PDF
HB1984 Dunn - Centralized Filing of Agricultural Liens (UCC)
Effective January 1, 2010

January 1, 2010 all UCC filings pertaining to liens on agricultural products and equipment will no longer be accepted at county circuit clerk’s offices. All of these filings will now be made with the Secretary of State. The only exception will be UCC filings related to farm-stored commodity loans financed by the Commodity Credit Corporation of USDA. These specific filings will continue to be filed at the clerk’s office until December 31, 2012. After that date these filings will also be centralized at the Secretary of State’s office. Financing statements currently on file in the clerk’s office will remain effective until they are terminated or they lapse. If the statements need to be continued, the continuation statement will be filed with the Secretary of State’s office.

Act 444 of 2009 - PDF
HB1426 Perry - Registration of Professional Surveyors
Effective July 31, 2009

Professional Surveying firms that want to register with the Secretary of State and intend to use an entity name that contains the words “surveyor” or “surveying” must first have a valid certificate of authorization from the State Board of Licensure for Professional Engineers and Professional Surveyors. This requirement will also be in effect for firms intending to obtain a service mark which contains the words “surveyor” or “surveying.”

Act 814 of 2009 - PDF
SB972 D. Johnson - Technical Changes to ULP and MoRAA
Effective July 31, 2009

This Secretary of State-sponsored bill made technical correction to further incorporate the provisions of the Model Registered Agents Act (2007) into the Uniform Limited Partnership Act (2007) as well as other business entities.

Act 966 of 2009 - PDF
SB903 Madison - International Student Exchange Visitor Placement Organization Registration - Effective July 31, 2009

This law will require organizations that are in the business of placing foreign exchange students in Arkansas schools to register with the Secretary of State’s office. Organizations must register by January 1, 2010 if they intend to place students during the 2010/2011 school year. The initial registration fee for these businesses will be $150.00.

Act 408 of 2009 - PDF
HB1462 J. Edwards - Conversion of Entities to other Entity Types
Effective July 31, 2009

This act based on the Model Entity Transactions Act (2007) increases the number of entity types that can convert or merge to other entity types. Entities included in this law are: general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, corporations, and limited liability companies. Converting entities not already in the Secretary of State’s records must also make an initial filing.

Act 412 of 2009 - PDF
HB1496 Greenberg - Signature by Mark
Effective July 31, 2009

The provisions of this law clarifies that a signature by mark is a legal signature if: a) the person cannot write or b) the person is unable to write at the time the signature was executed.

Act 336 of 2009 - PDF
HB1161 L. Smith - Filing Fraudulent UCC will be Criminal Offense
Effective July 31, 2009

Fraudulently filing a Uniform Commercial Code financing statement will now a criminal offense. The first offense for violating this law is a Class A misdemeanor. Subsequent offenses rise to a Class D felony.

Act 167 of 2009 - PDF
SB80 D. Johnson - Nonprofit Corporation: Use of Fax/E-mail
Effective July 31, 2009

This law allows the use of fax and other electronic means to carry out specific internal business of nonprofit corporations. This includes taking action by written consent and signing waivers of notice and proxies.

Act 1404 of 2009 - PDF
HB2231 Flowers - Notary Bonds: State of Arkansas as Beneficiary
Effective July 31, 2009

This act clarifies existing law and states that the state of Arkansas is the beneficiary of notary bonds and that the claim on a bond cannot exceed the bond’s face value.

Act 643 of 2009 - PDF
HB2029 J. Brown - Registration of Foreign Ownership of Agricultural Land – Exception - Effective July 31, 2009

This act amends existing law to read “a foreign party who acquires agricultural land for non-farming purposes shall not be required to make a filing or report” of their ownership to the Secretary of State.

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