Arkansas Code § 2-6-118

Receivership - Sale of processed catfish - Merchandiser
Open in Lexace · Ask the AI about this section
(a) When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities. (b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended; (2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and (3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business. (c) The merchandiser shall be entitled to reasonable compensation as determined by the secretary. (d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary. (e) The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, § 4-1-101 et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
(a) When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities. (b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended; (2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and (3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business. (c) The merchandiser shall be entitled to reasonable compensation as determined by the secretary. (d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary. (e) The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, § 4-1-101 et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
(a) When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities. (b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended; (2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and (3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business. (c) The merchandiser shall be entitled to reasonable compensation as determined by the secretary. (d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary. (e) The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, § 4-1-101 et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
(a) When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities.
(b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended; (2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and (3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business.
(1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended;
(2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and
(3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business.
(c) The merchandiser shall be entitled to reasonable compensation as determined by the secretary.
(d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary.
(e) The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, § 4-1-101 et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

‹ Prev All Arkansas sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.