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5-37-215. Fraudulently filing a Uniform Commercial Code financing statement.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-215. Fraudulently filing a Uniform Commercial Code financing statement.
(a) As used in this section:
(1) “Financing statement” means the same as defined in § 4-9-102(a)(39); and
(2) “Security agreement” means the same as defined in § 4-9-102(a)(75).
(b) A person commits the offense of fraudulently filing a Uniform Commercial Code financing statement if, with the purpose to defraud or harass an alleged debtor or any other person, the person knowingly presents or conspires with another person to present a financing statement under the Uniform Commercial Code, § 4-1-101 et seq., for filing that the person knows:
(1) Is not based on a bona fide security agreement; or
(2) Was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor.
(c)(1) Fraudulently filing a Uniform Commercial Code financing statement is a Class A misdemeanor.
(2)(A) A subsequent offense of fraudulently filing a Uniform Commercial Code financing statement is a Class D felony.
(B)(i) Subdivision (c)(2)(A) of this section includes a subsequent offense by a defendant who has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law of another state or foreign jurisdiction or an equivalent penal federal law.
(ii) The trial judge shall determine whether the defendant has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law in another state or foreign jurisdiction or an equivalent penal federal law based on certified records of the previous offense.
(d) In addition to the criminal penalties provided under subsection (c) of this section and in addition to any other laws under which a person may obtain relief, a person
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-215
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:5-37-215
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7082634c0f859158e7983c383e688661bd85c2a92d72b7340a5307f64621620a
Source location: content.xml paragraph 16355
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5-37-215. Fraudulently filing a Uniform Commercial Code financing statement.
(a) As used in this section:
(1) “Financing statement” means the same as defined in § 4-9-102(a)(39); and
(2) “Security agreement” means the same as defined in § 4-9-102(a)(75).
(b) A person commits the offense of fraudulently filing a Uniform Commercial Code financing statement if, with the purpose to defraud or harass an alleged debtor or any other person, the person knowingly presents or conspires with another person to present a financing statement under the Uniform Commercial Code, § 4-1-101 et seq., for filing that the person knows:
(1) Is not based on a bona fide security agreement; or
(2) Was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor.
(c)(1) Fraudulently filing a Uniform Commercial Code financing statement is a Class A misdemeanor.
(2)(A) A subsequent offense of fraudulently filing a Uniform Commercial Code financing statement is a Class D felony.
(B)(i) Subdivision (c)(2)(A) of this section includes a subsequent offense by a defendant who has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law of another state or foreign jurisdiction or an equivalent penal federal law.
(ii) The trial judge shall determine whether the defendant has previously pleaded guilty or nolo contendere to or been found guilty of an equivalent penal law in another state or foreign jurisdiction or an equivalent penal federal law based on certified records of the previous offense.
(d) In addition to the criminal penalties provided under subsection (c) of this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by the filing of a Uniform Commercial Code financing statement in violation of subsection (b) of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover:
(1) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation;
(2) Court costs;
(3) Reasonable attorney's fees;
(4) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and
(5) Exemplary or punitive damages in an amount determined by the fact finder.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-1-101. Short titles.
(a) This subtitle may be cited as the Uniform Commercial Code.
(b) This chapter may be cited as Uniform Commercial Code — General Provisions.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-1-101
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 4-1-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-9-102. Definitions and index of definitions.
(a) In this chapter:
(1) “Accession” means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.
(2) “Account”, except as used in “account for”, means a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered, (iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge card or information contained on or for use with the card, or (viii) as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health-care-insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.
(3) “Account debtor” means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.
(4) “Accounting”, except as used in “acc
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-9-102
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 4-9-102. This identifies an authority to review, not proof of applicability.