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15-74-502. Prohibition against requiring commissioned agents to purchase business according to Department of Energy fuel allocation — Contracts.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-74-502. Prohibition against requiring commissioned agents to purchase business according to Department of Energy fuel allocation — Contracts.
(a) It shall be unlawful for any major oil company to require or seek to require a commissioned agent of the products of the major oil company to:
(1) Purchase the oil business at a price in which the major oil company has used the Department of Energy fuel allocation assigned to the commissioned agent as a formula or factor to be considered in determining the price at which the major oil company offers to sell the oil business to the commissioned agent; or
(2) Require or attempt to require a commissioned agent of the products of the major oil company to purchase, or to pay an extra price or premium to obtain, their Department of Energy fuel allotment or allocation from the major oil company.
(b) Any contract by which a major oil company requires or seeks to require a commissioned agent of the products of the major oil company to purchase or make payment for their fuel allocation shall be void to the extent that the contract requires the payment and shall be unenforceable in the courts of this state as against public policy. Provided, nothing in this section shall be deemed to prohibit the major oil companies from charging commissioned agents the regular price at which the major oil companies make fuel available to commissioned agents for sale or distribution in this state.
(c)(1) Any major oil company violating the provisions of this section shall be guilty of a Class A misdemeanor and upon conviction shall be punished in the manner provided by law.
(2) Each contract or transaction in violation of the provisions of this section shall be a separate offense and shall be punishable accordingly.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-74-502
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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Stable record: arkansas_code:legal_authorities:15-74-502
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7f0424a419daac67665f3432e2f62eac7277e5d39e7bfdd6193c6b7a80fd6691
Source location: content.xml paragraph 25528
Stored source content
15-74-502. Prohibition against requiring commissioned agents to purchase business according to Department of Energy fuel allocation — Contracts.
(a) It shall be unlawful for any major oil company to require or seek to require a commissioned agent of the products of the major oil company to:
(1) Purchase the oil business at a price in which the major oil company has used the Department of Energy fuel allocation assigned to the commissioned agent as a formula or factor to be considered in determining the price at which the major oil company offers to sell the oil business to the commissioned agent; or
(2) Require or attempt to require a commissioned agent of the products of the major oil company to purchase, or to pay an extra price or premium to obtain, their Department of Energy fuel allotment or allocation from the major oil company.
(b) Any contract by which a major oil company requires or seeks to require a commissioned agent of the products of the major oil company to purchase or make payment for their fuel allocation shall be void to the extent that the contract requires the payment and shall be unenforceable in the courts of this state as against public policy. Provided, nothing in this section shall be deemed to prohibit the major oil companies from charging commissioned agents the regular price at which the major oil companies make fuel available to commissioned agents for sale or distribution in this state.
(c)(1) Any major oil company violating the provisions of this section shall be guilty of a Class A misdemeanor and upon conviction shall be punished in the manner provided by law.
(2) Each contract or transaction in violation of the provisions of this section shall be a separate offense and shall be punishable accordingly.
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