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Arkansas · Snapshot Arkansas Code Release 78 (2020-11), retrieved 2026-09-17; absent from the newer snapshot, which serves other sections of this chapter, so it may since have been repealed or amended

Ark. Code Ann. § 4-33-853: Advance for expenses.

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Where this section sits in the code
  1. Title 4 Business and Commercial Law
  2. Subtitle 3. Corporations and Associations
  3. Chapter 33 The Arkansas Nonprofit Corporation Act of 1993
  4. Subchapter 8 — Directors and Officers
  5. Part E — Indemnification

(a) A corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if:

(1) the director furnishes the corporation a written affirmation of his or her good faith belief that he or she has met the standard of conduct described in § 4-33-851;

(2) the director furnishes the corporation a written undertaking, executed personally or on the director's behalf, to repay the advance if it is ultimately determined that the director did not meet the standard of conduct; and

(3) a determination is made that the facts then known to those making the determination would not preclude indemnification under this part.

(b) The undertaking required by subsection (a)(2) of this section must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment.

(c) Determinations and authorizations of payments under this section shall be made in the manner specified in § 4-33-855.

Collected 2026-09-17T21:07:03Z. Source file · JSON

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