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11-9-901. Creation — Exemption.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-9-901. Creation — Exemption.

11-9-901. Creation — Exemption. (a)(1)(A) The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and §§ 4-28-209 — 4-28-223, to function as guaranty funds for Arkansas workers' compensation self-insurers in the private sector. (B) One (1) guaranty fund will be established for individual self-insurers and homogeneous self-insurer groups, as defined in § 11-9-404(a)(3)(A). (C) A separate guaranty fund will be established for common self-insurer groups, as defined in § 11-9-404(a)(3)(B). (2) The two (2) funds shall be created, funded, and administered completely independently from each other. (3) The assets of the two (2) funds shall remain separate for all purposes and cannot be combined, and the assets of one (1) fund shall not be utilized to satisfy the obligations of the other fund. (b) Public sector self-insurers are specifically exempted from the provisions of this subchapter. (c) As used in this subchapter, “public sector self-insurer” means a group of municipalities, a city, a county, or the state entity which directly exercises control over an employee and which pays the employee's salary.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-901

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:11-9-901
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 62b901d830b5445a68ca471d80474b5de0b1ae54d19e3ba7ed186984a084aeea

Source location: content.xml paragraph 9852

Stored source content

11-9-901. Creation — Exemption. (a)(1)(A) The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and §§ 4-28-209 — 4-28-223, to function as guaranty funds for Arkansas workers' compensation self-insurers in the private sector. (B) One (1) guaranty fund will be established for individual self-insurers and homogeneous self-insurer groups, as defined in § 11-9-404(a)(3)(A). (C) A separate guaranty fund will be established for common self-insurer groups, as defined in § 11-9-404(a)(3)(B). (2) The two (2) funds shall be created, funded, and administered completely independently from each other. (3) The assets of the two (2) funds shall remain separate for all purposes and cannot be combined, and the assets of one (1) fund shall not be utilized to satisfy the obligations of the other fund. (b) Public sector self-insurers are specifically exempted from the provisions of this subchapter. (c) As used in this subchapter, “public sector self-insurer” means a group of municipalities, a city, a county, or the state entity which directly exercises control over an employee and which pays the employee's salary.

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Arkansas Code — all titles (historical 2020) · legal_authorities

4-28-201. Title.

4-28-201. Title. Sections 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224 shall be known as the “Arkansas Nonprofit Corporation Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-201

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-28-201. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-28-206. Articles of incorporation generally.

4-28-206. Articles of incorporation generally. (a) Any association of persons or for-profit corporation organized under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., desirous of becoming incorporated under the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224, shall file with the circuit court of the county in which the main office or principal place of business of the proposed corporation is located or proposed to be located signed and verified articles of incorporation, which shall set forth the following: (1) The name of the corporation; (2) The period of duration, which may be perpetual; (3) The purposes for which the corporation is organized; (4) Any provisions, not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including any provision for distribution of assets on dissolution or final liquidation; (5) The address of its main office or principal place of business, and the name of its registered agent at that address; (6) The number of directors constituting the initial board of directors and the names and addresses of the persons who are to serve as the initial directors; (7) The name and address of each incorporator; (8) A statement that the corporation: (A) Is a nonprofit corporation; and (B) Has converted under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224; and (9)(A) A description of the treatment of shares of stock. (B) The description of the treatment of shares of stock: (i) May provide for the exchange of shares of stock for certificates of membership if the corporation has members; or (ii) Shall provide

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-206

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-28-206. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-28-209. Powers.

4-28-209. Powers. Each corporation shall have power: (1) To have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation; (2) To sue and be sued, complain, and defend in its corporate name; (3) To purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property or any interest therein, wherever situated; (4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (5) To make contracts and incur liabilities, borrow money, issue its notes, bonds, and other obligations, act as a trustee, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income; (6) To manage its internal affairs in any desired manner so long as the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224, or other law are not violated; and (7) To do any and all things necessary, convenient, useful, or incidental to the attainment of its purposes as fully and to the same extent as natural persons lawfully might or could do so long as consistent with the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-209

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-28-209. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-28-223. Fees to be paid to Secretary of State.

4-28-223. Fees to be paid to Secretary of State. The Secretary of State shall charge and collect the fees provided under § 4-33-122 for filing the articles of incorporation, amendments, and other filings or certificates under this subchapter.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-223

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-28-223. This identifies an authority to review, not proof of applicability.