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Business & Economy

SB205

To Assist Small Business Owners To Form A Legal Entity In This State; And To Clarify The Procedures And Standards Used For Name Availability For Certain Corporations And Limited Liability Companies.

Passed

Last Action (March 14, 2023): Notification that SB205 is now Act 256

Sponsors

AI-Generated Summary

Senate Bill 205 amends Arkansas state law to standardize the requirements for business entity name availability. The bill establishes that the Secretary of State should use a 'distinguishable' standard for approving business names rather than determining if a name is 'confusingly similar' to an existing one. It provides a specific list of factors that characterize a name as not distinguishable, such as differences in suffixes, articles, punctuation, or pluralization. The bill updates various sections of the Arkansas Code, including those covering business corporations, nonprofit corporations, and limited liability companies, to ensure consistency in these naming standards. It also maintains existing mechanisms for companies to gain consent from others to use similar names and clarifies procedures for the use of fictitious names. The primary legislative intent is to simplify and clarify the administrative process for small business owners registering a legal entity in the state.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are small business owners and entrepreneurs forming new legal entities (such as corporations or LLCs) in Arkansas. By replacing the subjective 'confusingly similar' standard with clear, bright-line rules for 'distinguishable' names, the bill provides greater predictability and reduces administrative barriers, making the registration process more transparent and efficient.

Who Might Suffer?

Established businesses might be negatively impacted if competitors adopt names that are technically 'distinguishable' under the new, narrower criteria but remain similar enough to potentially cause consumer confusion or dilution of brand identity. While the bill aims to improve administrative clarity, it removes the Secretary of State's broader discretion to reject names that might be considered confusingly similar, potentially placing more of a burden on existing business owners to protect their branding through private legal action.

Vote Records

Third Reading

March 7, 2023
Yea: 96 Nay: 0 NV: 4 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House NV
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House NV
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House NV
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea

Third Reading

Feb. 22, 2023
Yea: 32 Nay: 1 NV: 2 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate NV
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate NV
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Nay
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us