Arkansas Code Annotated

Ark. Code Ann. § 4-28-209 (2026)

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✓ current as of May 2026
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Each corporation shall have power:

  1. To have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation;
  2. To sue and be sued, complain, and defend in its corporate name;
  3. To purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property or any interest therein, wherever situated;
  4. To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets;
  5. To make contracts and incur liabilities, borrow money, issue its notes, bonds, and other obligations, act as a trustee, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income;
  6. To manage its internal affairs in any desired manner so long as the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224, or other law are not violated; and
  7. To do any and all things necessary, convenient, useful, or incidental to the attainment of its purposes as fully and to the same extent as natural persons lawfully might or could do so long as consistent with the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224.

History. Acts 1963, No. 176, § 7; A.S.A. 1947, § 64-1907; Acts 1993, No. 1147, § 1801.

Case Notes

Sale, Exchange, Etc., of Property.

In the absence of corporate rules to the contrary it is necessary that a majority of the members of a nonprofit corporation, having voting rights, approve the sale and exchange of all its property and facilities. Giss v. Apple, 239 Ark. 1124, 396 S.W.2d 813 (1965).

Cited: Rohrscheib v. Barton-Lexa Water Ass'n, 246 Ark. 145, 437 S.W.2d 230 (1969); Cammack v. Chalmers, 284 Ark. 161, 680 S.W.2d 689 (1984).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2000–2026 · leading case: Arkansas Tech Univ. v. Link, 17 S.W.3d 809 (Ark. 2000).
Arkansas Tech Univ. v. Link, 17 S.W.3d 809 (Ark. 2000). · cites it 2× “We also noted that a statute designated the Board of Trustees of the University as a corporate entity capable of being sued, citing Ark. Code Ann. § 4-28-209 (Repl. 1996) and Ark.”
Dunaway v. Garland Cty. Fair & Livestock Show Ass'n, Inc., 245 S.W.3d 678 (Ark. Ct. App. 2006). · cites it 2× “The articles also provide that the corporation shall have all of the general powers listed in Ark. Code Ann. § 4-28-209 . Dunaway was president of the board when the “Constitution and Bylaws of the Garland County Fair And Livestock Show Association” (the “bylaws”) were adopted…”
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