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Ark. Code Ann. § 23-112-301

License required

Known as the Arkansas Motor Vehicle Commission Act

The act spans §§ 23–23 (104 sections).

Applied in 2 court decisions — leading case No 98-3870 (1999)

Most recently applied in No 98-3870 (June 1999)

Acts 1975, No. 388, §§ 5, 8, 10; 1977, No. 838, § 2; 1985, No. 1032, §§ 3, 6; 1985, No. 1058, §§ 3, 6; A.S.A. 1947, §§ 75-2305, 75-2308, 75-2310; Acts 1989, No. 678, § 1; 1995, …

(1) Notwithstanding any other statute, the following acts are declared to be unlawful: The violation of any of the provisions of this chapter; and

(2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle salesperson, motor vehicle lessor, manufacturer, importer, distributor, factory branch or division, distributor branch or division, factory representative, distributor representative, second-stage manufacturer, or converter, as such, in Arkansas without first obtaining a license therefor as provided in this chapter, regardless of whether or not the person maintains or has a place of business in Arkansas.

(3) Any person, firm, association, corporation, or trust engaging, acting, or serving in more than one (1) of these capacities or having more than one (1) place where such a business is carried on or conducted shall be required to obtain and hold a separate and current license for each capacity and place of business.

(4) However, any licensed motor vehicle dealer shall not be required to obtain a license as a motor vehicle lessor for any location licensed as a motor vehicle dealer.

(5) A motor vehicle lessor shall be required to obtain only one (1) motor vehicle lessor's license, regardless of the number of leasing locations he or she owns and operates but shall list each location on his or her application and pay a fee of fifty dollars ($50.00) for each location.

(6) New lease locations opened after a license is issued shall be approved by the Arkansas Motor Vehicle Commission but shall not require a new license.

(7) A motor vehicle lessor shall sell or offer for sale motor vehicles only from an established place of business and only after application to, approval of, and licensure at each location by the commission.

(8) No person may engage in the business of buying, selling, or exchanging motor vehicles, unless he or she: Holds a valid license issued by the commission for the makes of motor vehicles being bought, sold, or exchanged; or

(9) Is a bona fide employee or agent of the licensee.

(10) For purposes of this subsection, “engage in the business of buying, selling, or exchanging motor vehicles” means: Displaying for sale motor vehicles on a lot or showroom;

(11) Advertising for sale new motor vehicles regardless of the medium used; or

(12) Regularly or actively soliciting buyers for motor vehicles.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.