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5-55-105. Liability of organizations.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-55-105. Liability of organizations.
In naming a person as a defendant under this subchapter, it is expressly intended that all of the provisions of §§ 5-2-501 — 5-2-503 apply.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-55-105
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:5-55-105
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5552061f06429823aedcf868bc95a66011b917c1d3a772df85d7e223045f3201
Source location: content.xml paragraph 20795
Stored source content
5-55-105. Liability of organizations.
In naming a person as a defendant under this subchapter, it is expressly intended that all of the provisions of §§ 5-2-501 — 5-2-503 apply.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-501. Definitions.
As used in this subchapter:
(1) “Agent” means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization;
(2) “High managerial agent” means an agent or officer of an organization who has duties of such responsibility that his or her conduct reasonably may be assumed to represent the policy of the organization; and
(3) “Organization” means a legal entity and includes:
(A) A corporation, company, association, firm, partnership, or joint-stock company;
(B) A foundation, institution, society, union, club, or church; or
(C) Any other group of persons organized for any purpose.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-501
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 5-2-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-503. Liability of agents.
(a) A person is criminally liable for any conduct constituting an offense that he or she performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his or her own name or behalf.
(b)(1) When a duty to act or refrain from acting is imposed by law upon an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable for a reckless performance or omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent.
(2) A person convicted of an offense by reason of his or her criminal liability for the conduct of an organization is not subject to the sentence authorized by § 5-4-201(e).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-503
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 5-2-503. This identifies an authority to review, not proof of applicability.