Ark. Code Ann. » Title 4 Chapter 32
Arkansas Code Annotated

Ark. Code Ann. § 4-32-401 (2026)

Management

✓ current as of May 2026
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  1. With respect to persons other than members, management of the affairs of the limited liability company shall be governed by § 4-32-301.
  2. Unless otherwise provided in an operating agreement, with respect to members, management of the affairs of the limited liability company shall be governed by § 4-32-301.
  3. Unless otherwise provided in an operating agreement, managers:
    1. Shall be designated, appointed, elected, removed, or replaced by a vote, approval, or consent of more than one-half (½) by number of the members;
    2. Need not be members of the limited liability company or natural persons; and
    3. Unless they are sooner removed or sooner resign, shall hold office until their successors shall have been elected and qualified.

History. Acts 1993, No. 1003, § 401; 1997, No. 479, § 6.

Amendments. The 1997 amendment added (a); redesignated former (a) and (b) as present (b) and (c); and rewrote present (b).

Research References

Ark. L. Notes.

Goforth, An Update on Arkansas Limited Liability Companies: New Tax Regulations and New State Laws, 1997 Ark. L. Notes 11.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2021 · leading case: DWDubbell Arkansas, LLC v. Bushey (W.D. Ark. 2020).
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DWDubbell Arkansas, LLC v. Bushey (W.D. Ark. 2020). · cites it 2× “Ark. Code Ann. §§ 4-32-401 , 4- 32-301. But an agent may be personally bound if the agent so agrees.”
DWDubbell Arkansas, LLC v. Bushey (W.D. Ark. 2021). “§§ 4-32-401 , 4-32-301. However, DWD and Dubbell fail to explain how such principles clarify the issue at hand: Did Dubbell act solely as an agent for Pel-Freez in executing the Agreement, or did Dubbell assume personal liability? Under Arkansas law, an agent may be personally…”
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