# Ark. Code Ann. § 4-38-110: Application to existing relationships

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-110

## Section

- **Citation:** Ark. Code Ann. § 4-38-110
- **Heading:** Application to existing relationships
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-110

## Text

(a) This chapter governs: (1) a limited liability company formed or registered to do business on or after September 1, 2021; and (2) a limited liability company formed or registered to do business before September 1, 2021, by operation of law. (b) Except as otherwise provided in subsection (c), on and after September 1, 2021, this chapter governs all limited liability companies. (c) For purposes of applying this chapter to a limited liability company formed or registered to do business before September 1, 2021: (1) the company's articles of organization are deemed to be the company's certificate of organization; and (2) for purposes of applying § 4-38-102(10) and subject to § 4-38-107(d) , language in the company's articles of organization designating the company's management structure operates as if that language were in the operating agreement. Amended by Act 2021EX2, No. 12,§ 2, eff. 12/9/2021. Amended by Act 2021EX2, No. 7,§ 2, eff. 12/9/2021. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) This chapter governs: (1) a limited liability company formed or registered to do business on or after September 1, 2021; and (2) a limited liability company formed or registered to do business before September 1, 2021, by operation of law.

(1) a limited liability company formed or registered to do business on or after September 1, 2021; and

(2) a limited liability company formed or registered to do business before September 1, 2021, by operation of law.

(b) Except as otherwise provided in subsection (c), on and after September 1, 2021, this chapter governs all limited liability companies.

(c) For purposes of applying this chapter to a limited liability company formed or registered to do business before September 1, 2021: (1) the company's articles of organization are deemed to be the company's certificate of organization; and (2) for purposes of applying § 4-38-102(10) and subject to § 4-38-107(d) , language in the company's articles of organization designating the company's management structure operates as if that language were in the operating agreement.

(1) the company's articles of organization are deemed to be the company's certificate of organization; and

(2) for purposes of applying § 4-38-102(10) and subject to § 4-38-107(d) , language in the company's articles of organization designating the company's management structure operates as if that language were in the operating agreement.

Amended by Act 2021EX2, No. 12,§ 2, eff. 12/9/2021.

Amended by Act 2021EX2, No. 7,§ 2, eff. 12/9/2021.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

## Nearby sections

- [Ark. Code Ann. § 4-38-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-101.md)
- [Ark. Code Ann. § 4-38-102 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-102.md)
- [Ark. Code Ann. § 4-38-103 Knowledge - Notice](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-103.md)
- [Ark. Code Ann. § 4-38-104 Governing law](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-104.md)
- [Ark. Code Ann. § 4-38-105 Operating agreement - Scope, function, and limitations](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-105.md)
- [Ark. Code Ann. § 4-38-106 Operating agreement - Effect on limited liability company and person becoming member - Preformation agreements](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-106.md)
- [Ark. Code Ann. § 4-38-107 Operating agreement - Effect on third parties and relationship to records effective on behalf of limited liability company](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-107.md)
- [Ark. Code Ann. § 4-38-108 Nature, purpose, and duration of limited liability company](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-108.md)
- [Ark. Code Ann. § 4-38-109 Powers](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-109.md)
- [Ark. Code Ann. § 4-38-110 Application to existing relationships](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-110.md)
- [Ark. Code Ann. § 4-38-111 Supplemental principles of law](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-111.md)
- [Ark. Code Ann. § 4-38-112 Permitted names](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-112.md)
- [Ark. Code Ann. § 4-38-113 Reservation of name](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-113.md)
- [Ark. Code Ann. § 4-38-114 Registration of name](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-110. Check the current official text before relying on it. Not legal advice.