Ark. Code Ann. § 4-9-620 (2020)

1. Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
   1. the debtor consents to the acceptance under subsection (c);
   2. the secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal authenticated by:
      1. a person to which the secured party was required to send a proposal under § 4-9-621; or
      2. any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;
   3. if the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and
   4. subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 4-9-624.
2. A purported or apparent acceptance of collateral under this section is ineffective unless:
   1. the secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and
   2. the conditions of subsection (a) are met.
3. For purposes of this section:
   1. a debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and
   2. a debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party:
      1. sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;
      2. in the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and
      3. does not receive a notification of objection authenticated by the debtor within twenty (20) days after the proposal is sent.
4. To be effective under subsection (a)(2), a notification of objection must be received by the secured party:
   1. in the case of a person to which the proposal was sent pursuant to § 4-9-621, within twenty (20) days after notification was sent to that person; and
   2. in other cases:
      1. within twenty (20) days after the last notification was sent pursuant to § 4-9-621; or
      2. if a notification was not sent, before the debtor consents to the acceptance under subsection (c).
5. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 4-9-610 within the time specified in subsection (f) if:
   1. sixty percent (60%) of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or
   2. sixty percent (60%) of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.
6. To comply with subsection (e), the secured party shall dispose of the collateral:
   1. within ninety (90) days after taking possession; or
   2. within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.
7. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.

History. Acts 2001, No. 1439, § 1.