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2-32-409. Waiver, relinquishment, or release of lien prohibited.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-32-409. Waiver, relinquishment, or release of lien prohibited.
(a)(1) A livestock owner shall not be required as a condition or term of an agreement to sell or otherwise to:
(A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or
(B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter.
(2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state.
(b) A livestock owner or a sales agent acting on behalf of a livestock owner may waive, relinquish, or release an owner's lien or any rights under this subchapter or agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter if the first purchaser:
(1) Posts a letter of credit in a form and amount satisfactory to the livestock owner or sales agent; or
(2) Both:
(A) Executes a contract that is satisfactory to the livestock owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the livestock owner; and
(B) Performs all of the first purchaser's obligations under the contract.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-32-409
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:2-32-409
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 07b01f49a33d5ee3776fabd08a48e9abb227780a24aaecce75326ef19f4fa4df
Source location: content.xml paragraph 6803
Stored source content
2-32-409. Waiver, relinquishment, or release of lien prohibited.
(a)(1) A livestock owner shall not be required as a condition or term of an agreement to sell or otherwise to:
(A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or
(B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter.
(2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state.
(b) A livestock owner or a sales agent acting on behalf of a livestock owner may waive, relinquish, or release an owner's lien or any rights under this subchapter or agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter if the first purchaser:
(1) Posts a letter of credit in a form and amount satisfactory to the livestock owner or sales agent; or
(2) Both:
(A) Executes a contract that is satisfactory to the livestock owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the livestock owner; and
(B) Performs all of the first purchaser's obligations under the contract.
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