Public-domain · open source
OpenJurist

Ark. Code Ann. § 4-27-842

Standards of conduct for officers

Known as the Arkansas Business Corporation Act

The act spans §§ 4–4 (323 sections).

Applied in 2 court decisions — leading case Wal-Mart Stores, Inc. v. Coughlin (2007)

Most recently applied in 2020 Ark. App. 83 - L. Walter Quinn v. Richard D. O'Brien (February 2020)

Acts 1987, No. 958, § 64-824.

(1) An officer with discretionary authority shall discharge his duties under that authority: in good faith;

(2) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and

(3) in a manner he reasonably believes to be in the best interests of the corporation.

(4) In discharging his duties an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: one (1) or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or

(5) legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence.

(6) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (b) of this section unwarranted.

(7) An officer is not liable for any action taken as an officer, or any failure to take any action, if he performed the duties of his office in compliance with this section.

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.